Los Banos City Council
June 19, 2024

LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JUNE 19, 2024 - 6:00 PM
Live stream on YouTube at:
, ............................................................... https://www.youtube.com/@losbanos406 ................................................................. .

If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. · .................................................................................................................................................................................................................................................................................. .. .

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note:. The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found qn the City's website at ttle following link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - June 19, 2024 Page 1 of 5 1 1. CALL TO ORDER - June 19, 2024 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
__ Paul Llanez - Mayor

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #245598 - #245882 in the Amount of $2,629,442.95.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6784 - Approving the Increase in Expenditures Related to Excess Grant Funding Through a UC Davis Grant Program in the Amount of $20,000 for Fiscal Year 2023-2024.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 6785 -Adopting a List of Projects for Fiscal Year 2024-2025 Funded by SB 1: The Road Repair and Accountability Act of 2017.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6786 - Authorizing that the Design/Build Delivery Method be Used for the New Fire Station No. 4 Project and Addendum No. 1 of the Vanir Construction Management, Inc. Professional Services Agreement (PSA) be Entered into and that the City Manager Shall Execute Said Addendum and the Public Works Director/City Engineer Will Administer Said Addendum.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - June 19, 2024 Page 2of 5 2 E. City Council Resolution No. 6787 - Approving a Cost Share Agreement Between the City of Los Banos and the Los Banos Unified School District for Public Improvements for the Early Learning Center B Street Drainage Ditch Project.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6788 - Accepting the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6789 - Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6790 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.).

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6791 - Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 - June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6792 - Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report.

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6793 - Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570.

Recommendation: Adopt the resolution as submitted.

L. City Council Resolution No. 6794 - Approving a Tentative Agreement / Memorandum of Understanding By and Between the City of Los Banos and Los Banos City Council Agenda - June 19, 2024 Page 3 of 5 3 the Los Banos Police Sergeants Association (LBPSA) from July 1, 2024 - June 30, 2027.

Recommendation: Adopt the resolution as submitted.

M. City Council Resolution No. 6795 - Amending Division 4, Salary Schedule - Employee Classifications of the City's Policy & Procedures Manual Relating to Changes to Section G - Police Associated with the LBPSA Tentative Agreements I Memorandums of Understanding.

Recommendation: Adopt the resolution as submitted.

N. City Council Resolution No. 6796 - Amending Division 5, Personnel Benefits of the City's Policy & Procedures Manual Relating to Changes to Monthly Health, Vision, Dental, Life Insurance Coverage Allowances as it Pertains to Unrepresented/Miscellaneous Employees.

Recommendation: Adopt the resolution as submitted.

7. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Five (5) Year Water, Wastewater and Solid Waste Rate Program Adjustment for All Residents and Commercial Customers.
1) City Council Resolution No. 6797 - Establishing Rates for Water Service Fees.
2) City Council Resolution No. 6798 - Establishing Rates for Wastewater Service Fees.
3) City Council Resolution No. 6799 - Establishing Rates for Solid Waste Service Fees.

Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolutions as submitted.

8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6800 -

REFERRAL TO THE MERCED COUNTY LOCAL AGENCY FORMATION

COMMISSION (LAFCO) FOR THE DETACHMENT OF PROPERTIES FROM THE CENTRAL CALIFORNIA IRRIGATION DISTRICT.

Recommendation: Receive staff report and adopt the resolution as submitted.

9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6801 -

APPROVING THE TRANSPORTATION IMPACT ANALYSIS GUIDELINES DATED APRIL 29, 2024.

Recommendation: Receive staff report and adopt the resolution as submitted.

Los Banos City Council Agenda - June 19, 2024 Page 4 of5 4 10. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JULY 3, 2024 DUE TO THE 4TH OF JULY HOLIDAY.

Recommendation: Cancel the meeting as stated.

11. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.

12. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken.

13. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).

Recommendation: Informational item only, no action to be taken.

14. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis - District 4
B. Kenneth Lambert - District 1
C. Douglas Begonia, Jr. - District 2
D. Brett Jones - District 3
E. Paul Llanez - Mayor

15. CLOSED SESSION - Conference with Real Property Negotiations, Pursuant to Government Code Section 54956.8; Property Located West of the Waste Water Treatment Plant and Approximately 1 mile North of HWY 152, Los Banos, California, Approximately 321.7 acres (APNs: 424-010-008, 073-220-003, and 084- 010-003); City Negotiators: City Manager Pinheiro, City Attorney Vaughn, Community & Economic Development Director Elms; Negotiating Parties: Marilyn Properties Inc.; Under Negotiation: Purchase Price and Terms of Sale.

16. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to c -~-~
Lucille L. Mallonee, City Clerk Dated this 14th day of June 2024 Los Banos City Council Agenda -June 19, 2024 Page 5 of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CK # 245598- # 245882 06/19/2024 $2,629,442.95
Check Report
Check by Date
Check Number Payment Date
05/31/2024 245598
05/31/2024 245599
05/31/2024 245600
05/31/2024 245601
05/31/2024 245602
05/31/2024 245603
05/31/2024 245604
05/31/2024 245605
05/31/2024 245606
05/31/2024 245607
05/31/2024 245608
05/31/2024 245609
05/31/2024 245610
05/31/2024 245611
05/31/2024 245612
05/31/2024 245613
05/31/2024 245614
05/31/2024 245615
05/31/2024 245616
05/31/2024 245617
05/31/2024 245618
05/31/2024 245619
05/31/2024 245620
05/31/2024 245621
05/31/2024 245622
05/31/2024 245623
05/31/2024 245624
05/31/2024 245625
05/31/2024 245626
05/31/2024 245627
05/31/2024 245628
05/31/2024 245629
05/31/2024 245630
05/31/2024 245631
05/31/2024 245632
05/31/2024 245633
05/31/2024 245634
05/31/2024 245635
05/31/2024 245636
05/31/2024 245637
05/31/2024 245638
05/31/2024 245639
05/31/2024 245640
05/31/2024 245641
05/31/2024 245642
05/31/2024 245643
05/31/2024 245644
05/31/2024 245645
05/31/2024 245646
Vendor Name
Cookyz Smoke Shop
Miguel Barrera
Critical Incident Videos, Corp
Brent Kuhn
Gabriel Omar Ortiz Lepe
Liebert Cassidy Whitmore
Gerald "Obie" O'Brien
Open Sky Productions LLC
PG&E Company
PARC Environmental
Brent Specht
State Controller's Office
State Water Resources Control Board
Swinerton Builders
Law Offices of William A Vaughn
Jonathan Worrell
AAA Business Supplies
Beam Insurance Administrators LLC
Boot Barn
Bound Tree medical LLC
BS K Associates
BWR Tools LLC
Ca Dept of Justice Cashiering Unit
Cal Traffic
A & E Industrial Cleaning Equipment
Capital One
CENCAL Machine & Fabrication Inc.

Central Sanitary Supply, LLC
Comcast
David Cummins
Tracy Delgado
Lulumar Dimaculangan
Edges Electrical Group, LLC
F S Rod Inc
FastTrack Car Wash
Frasier Irrigation a Div. of Landmark Irrigation
Grainger Parts Operations
Holt of California
Kalmikov Enterprises, Inc
Laboratory Corporation of America Holdings
Marfab Inc
Merced Chevrolet Inc.

Merced County Auditor Controller
Municipal Maintenance Equipment, Inc.

Memorial Hospital Los Banos
O'Reilly Auto Parts
Pace Supply Corp.

Pitney Bowes Inc
Precision Civil Engineering, Inc
LOsBanos
,{ I .I
Module Payment Type Payment Amount
Accounts Payable Check 131.00
Accounts Payable Check 430.00
Accounts Payable Check 9,000.00
Accounts Payable Check 14,850.00
Accounts Payable Check 7,500.00
Accounts Payable Check 9,814.50
Accounts Payable Check 77.14
Accounts Payable Check 9,000.00
Accounts Payable Check 11,418.31
Accounts Payable Check 169,440.00
Accounts Payable Check 135.89
Accounts Payable Check 105.26
Accounts Payable Check 60.00
Accounts Payable Check 1,250,356.35
Accounts Payable Check 12,600.00
Accounts Payable Check 430.00
Accounts Payable Check 42.33
Accounts Payable Check 21,518.86
Accounts Payable Check 150.00
Accounts Payable Check 437.83
Accounts Payable Check 2,130.00
Accounts Payable Check 407.81
Accounts Payable Check 1,574.00
Accounts Payable Check 456.19
Accounts Payable Check 202.58
Accounts Payable Check 647.21
Accounts Payable Check 188.12
Accounts Payable Check 191.81
Accounts Payable Check 108.16
Accounts Payable Check 575.00
Accounts Payable Check 100.00
Accounts Payable Check 100.00
Accounts Payable Check 409.30
Accounts Payable Check 560.00
Accounts Payable Check 465.50
Accounts Payable Check 670.77
Accounts Payable Check 93.08
Accounts Payable Check 87.30
Accounts Payable Check 1,777.61
Accounts Payable Check 397.95
Accounts Payable Check 364.05
Accounts Payable Check 331.94
Accounts Payable Check 417.50
Accounts Payable Check 1,150.80
Accounts Payable Check 100.00
Accounts Payable Check 1,323.39
Accounts Payable Check 707.43
Accounts Payable Check 498.59
Accounts Payable Check 6,781.25
7 05/31/2024 245647 Provost and Pritchard Engineering, Inc. Accounts Payable Check 431.80 05/31/2024 245648 Quad Knopf, Inc. Accounts Payable Check 535.00 05/31/2024 245649 Reliance Standard Life Insurance Company Accounts Payable Check 6,205.48 05/31/2024 245651 Ronny's Inc. Accounts Payable Check 1,000.00 05/31/2024 245652 Safe T Lite of Modesto, Inc. Accounts Payable Check 664.69 05/31/2024 245653 Sherwin Williams Co Accounts Payable Check 641.37 05/31/2024 245654 Sorensens True Value Accounts Payable Check 547.28 05/31/2024 245655 The Heil CO Accounts Payable Check 220.00 05/31/2024 245656 Thirkettle Corporation Accounts Payable Check 1,991.67 05/31/2024 245657 Tyler Technologies, Inc. Accounts Payable Check 2,610.00 05/31/2024 245658 Vanir Construction Management, Inc. Accounts Payable Check 3,320.20 05/31/2024 245659 Vestis Group, Inc. Accounts Payable Check 740.59 05/31/2024 245660 Verizon Wireless Accounts Payable Check 427.59 05/31/2024 245661 Valenzuela Pavement Services Accounts Payable Check 905.46 05/31/2024 245662 Windecker Inc Accounts Payable Check 6,957.48 05/31/2024 245663 Rickey Washington Accounts Payable Check 350.00 05/31/2024 245664 Gilberto Ramirez Utility Billing Check 38.13 05/31/2024 245665 Cindy Canas Ayala Utility Billing Check 26.09 05/31/2024 245666 UC Construction Utility Billing Check 157.80 05/31/2024 245667 Manjit Singh Sandhu Utility Billing Check 127.01 05/31/2024 245668 Jose Hernandez Agustin Utility Billing Check 91.88 05/31/2024 245669 MHP Builders Inc Utility Billing Check 168.32 05/31/2024 245670 MHP Builders Inc Utility Billing Check 173.07 05/31/2024 245671 D.R. Horton Utility Billing Check 173.87 05/31/2024 245672 D.R. Horton Utility Billing Check 168.32 06/05/2024 245677 Aflac-Customer Service Accounts Payable Check 235.68 06/05/2024 245678 AFSCME District Council 57 Accounts Payable Check 1,653.84 06/05/2024 245679 Empower Annuity Ins. Co of America Accounts Payable Check 2,947.00 06/05/2024 245680 Empower Annuity Ins. Co of America Accounts Payable Check 1,692.19 06/05/2024 245681 Los Banos Police Assn Accounts Payable Check 1,085.00 06/05/2024 245682 Los Banos Police Assn. Accounts Payable Check 245.00 06/05/2024 245683 Merced County Sheriff Accounts Payable Check 518.56 06/05/2024 245684 Merced County Sheriff Accounts Payable Check 200.00 06/05/2024 245685 MissionSquare Accounts Payable Check 441.65 06/05/2024 245686 MissionSquare Accounts Payable Check 11,137.50 06/05/2024 245687 Nationwide Retirement Solutions Accounts Payable Check 4,155.33 06/05/2024 245688 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 1,050.00 06/05/2024 245689 State Disbursement Unit Accounts Payable Check 1,100.00 06/05/2024 245690 US Bank Corp Pymt System Accounts Payable Check 49,461.11 06/05/2024 245691 Diego Flores Accounts Payable Check 2,065.12 06/07/2024 245692 Alcoholic Beverage Control Accounts Payable Check 650.00 06/07/2024 245693 Sara Blevins Accounts Payable Check 508.75 06/07/2024 245694 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 06/07/2024 245695 Crossfit ValleyView Accounts Payable Check 10,000.00 06/07/2024 245696 Los Banos Downtown Assoc. Accounts Payable Check 47,723.06 06/07/2024 245697 Merced County LAFCo Accounts Payable Check 2,700.00 06/07/2024 245698 Ronny's Inc. Accounts Payable Check 62,506.05 06/07/2024 245701 SHI International Corp Accounts Payable Check 186.00 06/07/2024 245702 Spay Neuter Imperative Project California Accounts Payable Check 8,000.00 06/07/2024 245703 Samantha Alison Tova Accounts Payable Check 402.50 06/07/2024 245704 Windecker Inc Accounts Payable Check 26,323.13 06/07/2024 245705 Youth Evolution Activites Accounts Payable Check 3,464.50 06/07/2024 245706 Ronny's Inc. Accounts Payable Check 20,402.03 06/07/2024 245707 AT&T Mobility Accounts Payable Check 4,922.53 06/07/2024 245708 AT&T Accounts Payable Check 286.21
06/07/2024 245709 Boot Barn Accounts Payable Check 190.00 06/07/2024 245710 Bruce's Tire Inc Accounts Payable Check 702.69 06/07/2024 245711 Burton's Fire Inc. Accounts Payable Check 1,003.72 06/07/2024 245712 Bethel Community Church Accounts Payable Check 650.00 8 06/07/2024 245713 Ruby Bland Accounts Payable Check 350.00 06/07/2024 245714 Bright Idea Construction Accounts Payable Check 85.00 06/07/2024 245715 City of Sacramento Accounts Payable Check 224.00 06/07/2024 245716 City Signs Accounts Payable Check 2,738.06 06/07/2024 245717 Clark Pest Control Inc Accounts Payable Check 114.00 06/07/2024 245718 David Cummins Accounts Payable Check 1,755.00 06/07/2024 245719 Dos Palos Publishing Company Accounts Payable Check 52.00 06/07/2024 245720 Double D Towing, LLC Accounts Payable Check 135.00 06/07/2024 245721 Employee Relations, Inc. Accounts Payable Check 50.00 06/07/2024 245722 Fun Express LLC Accounts Payable Check 532.64 06/07/2024 245723 Ignacia Pineda Garcia Accounts Payable Check 550.00 06/07/2024 245724 Halcyon Creek Inc. Accounts Payable Check 5,320.65 06/07/2024 245725 Helena Chemical Co Inc Accounts Payable Check 2,784.00 06/07/2024 245726 Hillyard, Inc Accounts Payable Check 946.09 06/07/2024 245727 Holt of California Accounts Payable Check 94.58 06/07/2024 245728 Kimball Midwest Accounts Payable Check 159.28 06/07/2024 245729 SCP Distributors LLC Accounts Payable Check 660.87 06/07/2024 245730 Marfab Inc Accounts Payable Check 27.39 06/07/2024 245731 Max's Mobile Truck Repair Accounts Payable Check 685.00 06/07/2024 245732 McNamara Sports Inc Accounts Payable Check 611.61 06/07/2024 245733 Merced Truck & Trailer Inc Accounts Payable Check 327.55 06/07/2024 245734 N & S Tractor Inc Accounts Payable Check 706.78 06/07/2024 245735 OSE Accounts Payable Check 258.22
06/07/2024 245736 O'Reilly Auto Parts Accounts Payable Check 245.96 06/07/2024 245737 Our Lady of Fatima School Accounts Payable Check 600.00 06/07/2024 245738 Purchase Power Inc Accounts Payable Check 3,156.45 06/07/2024 245739 Protech Security & Electronics, Inc. Accounts Payable Check 322.50 06/07/2024 245740 Ronny's Inc. Accounts Payable Check 11,457.39 06/07/2024 245742 Maria Rivera Accounts Payable Check 350.00 06/07/2024 245743 Michael Anthony Romeo Jr Accounts Payable Check 600.00 06/07/2024 245744 SJVAPCD Accounts Payable Check 839.60 06/07/2024 245745 Save Mart Supermarkets Accounts Payable Check 163.60 06/07/2024 245746 Sherwin Williams Co Accounts Payable Check 480.54 06/07/2024 245747 Shred-It US JV LLC Accounts Payable Check 466.75 06/07/2024 245748 Sorensens True Value Accounts Payable Check 1,338.25 06/07/2024 245750 Sorensens True Value Accounts Payable Check 248.89 06/07/2024 245751 20/20 GeneSystems, Inc Accounts Payable Check 3,060.00 06/07/2024 245752 Triangle Rock Products Accounts Payable Check 1,694.78 06/07/2024 245753 Tyler Technologies, Inc. Accounts Payable Check 2,175.00 06/07/2024 245754 Ryan Taylor Accounts Payable Check 100.00 06/07/2024 245755 Joanne Tui Accounts Payable Check 600.00 06/07/2024 245756 United Site Services, Inc. Accounts Payable Check 1,174.25 06/07/2024 245757 Vestis Group, Inc. Accounts Payable Check 643.74 06/07/2024 245758 Vestis Accounts Payable Check 193.81
06/07/2024 245759 Westside Water Conditioning Accounts Payable Check 38.50 06/07/2024 245760 Windecker Inc Accounts Payable Check 3,846.10 06/07/2024 245761 Young's Air Conditioning Accounts Payable Check 776.00 06/07/2024 245762 Suha Yosif Utility Billing Check 101.62 06/07/2024 245763 BellaMia Real Estate Utility Billing Check 115.58 06/07/2024 245764 Jose Castillo Utility Billing Check 107.97 06/07/2024 245765 UC Construction Utility Billing Check 177.75 06/07/2024 245766 UC Construction Utility Billing Check 176.98 06/07/2024 245767 Felipa Irma Cruz Amaya Utility Billing Check 65.68 06/07/2024 245768 Blossom Valley Realty Utility Billing Check 82.06 06/07/2024 245769 Mirna Duran Utility Billing Check 52.57 06/07/2024 245770 Jagrup Kahlon Utility Billing Check 101.72 06/07/2024 245771 Beatriz Ceja Utility Billing Check 54.13 06/07/2024 245772 Home Sweet Home Property Management Co. Utility Billing Check 150.85 06/07/2024 245773 Amanda Coelho Utility Billing Check 167.24 9 06/07/2024 245774 Connie Lopes Utility Billing Check 41.50 06/07/2024 245775 Jessica Ramirez Utility Billing Check 203.26 06/07/2024 245776 Edith Rodriguez Trinidad Utility Billing Check 62.40 06/07/2024 245777 D.R. Horton Utility Billing Check 163.57 06/07/2024 245778 D.R. Horton Utility Billing Check 166.74 06/07/2024 245779 D.R. Horton Utility Billing Check 164.36 06/07/2024 245780 Yong AE Bush Utility Billing Check 187.25 06/07/2024 245781 Christina Dianna Perez Utility Billing Check 47.53 06/07/2024 245782 Daniel Robles Utility Billing Check 50.85 06/07/2024 245783 Juan Escobedo Utility Billing Check 72.23 06/07/2024 245784 Freddy Baez Gonzalez Utility Billing Check 47.59 06/07/2024 245785 UC Construction Utility Billing Check 24.55 06/07/2024 245786 Jose Traslavina Utility Billing Check 37.75 06/07/2024 245787 Patricia Solis-Carrillo Utility Billing Check 198.23 06/07/2024 245788 Raul Rodriguez Utility Billing Check 57.41 06/07/2024 245789 Ridgewater Real Estate Services Utility Billing Check 124.65 06/07/2024 245790 Akram Wahhab Utility Billing Check 134.48 06/07/2024 245791 Nicolas Arango Martinez Utility Billing Check 70.33 06/07/2024 245792 Vituity Healthcare/CEP America- California Utility Billing Check 56.12 06/07/2024 245793 Leland Warner Utility Billing Check 98.44 06/07/2024 245794 Amalia Fierros Utility Billing Check 83.21 06/07/2024 245795 Antonio Perez-Lopez Utility Billing Check 143.94 06/07/2024 245796 UC Construction Utility Billing Check 175.45 06/07/2024 245797 Marianne Saint Martin dit Martinon Utility Billing Check 31.35 06/12/2024 245798 Ninive Villagomez Orozco Accounts Payable Check 3,000.00 06/14/2024 245799 Abbott & Kindermann, Inc. Accounts Payable Check 5,486.68 06/14/2024 245800 Amerine Systems Inc Accounts Payable Check 31,355.04 06/14/2024 245801 Anderson Pump Company Inc Accounts Payable Check 8,704.47 06/14/2024 245802 Carollo Inc. Accounts Payable Check 1,450.00 06/14/2024 245803 Cook's Communications Corp. Accounts Payable Check 78,562.76 06/14/2024 245804 Galvin Preservation Associates, Inc. Accounts Payable Check 38,130.55 06/14/2024 245805 Halcyon Creek Inc. Accounts Payable Check 14,619.00 06/14/2024 245806 John Hesson Accounts Payable Check 565.26 06/14/2024 245807 Marina Landscape, Inc. Accounts Payable Check 133,190.00 06/14/2024 245808 Mark Thomas & company. Inc. Accounts Payable Check 41,132.49 06/14/2024 245809 Matrix Audio Visual Design, Inc. Accounts Payable Check 320.00 06/14/2024 245810 Merced County Elections Department Accounts Payable Check 14,904.80 06/14/2024 245811 Merced County Regional Waste Management Authority Accounts Payable Check 8,595.80 06/14/2024 245812 O'Dell Engineering Accounts Payable Check 7,161.25 06/14/2024 245813 PG&E Company Accounts Payable Check 7,666.74 06/14/2024 245814 Precision Civil Engineering, Inc Accounts Payable Check 8,400.00 06/14/2024 245815 Provost and Pritchard Engineering, Inc. Accounts Payable Check 6,978.10 06/14/2024 245816 Redstone Construction, Inc Accounts Payable Check 201,561.50 06/14/2024 245817 State Water Resources Control Board Accounts Payable Check 90.00 06/14/2024 245818 Jennifer Topete Accounts Payable Check 1,425.00 06/14/2024 245819 Triangle Rock Products Accounts Payable Check 9,157.13 06/14/2024 245820 West Coast Arborists, Inc. Accounts Payable Check 53,688.00 06/14/2024 245821 Alhambra Accounts Payable Check 99.40 06/14/2024 245822 AAA Business Supplies Accounts Payable Check 219.66 06/14/2024 245823 Amerigas Propane, LP Accounts Payable Check 110.43 06/14/2024 245824 Animal Damage Management, Inc. Accounts Payable Check 3,925.00 06/14/2024 245827 AT&T Accounts Payable Check 1,426.76
06/14/2024 245828 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 338.00 06/14/2024 245829 Bound Tree medical LLC Accounts Payable Check 1,553.42 06/14/2024 245830 BSK Associates Accounts Payable Check 1,093.75 06/14/2024 245831 CENCAL Machine & Fabrication Inc. Accounts Payable Check 376.35 06/14/2024 245832 Cintas Corporation No.2 Accounts Payable Check 74.05 06/14/2024 245833 Central Valley Concrete Inc. Accounts Payable Check 2,965.61 06/14/2024 245834 Cook's Communications Corp. Accounts Payable Check 3,389.26 10 06/14/2024 245835 CPS Accounts Payable Check 713.00
06/14/2024 245836 CSG Consultants Inc. Accounts Payable Check 2,012.50 06/14/2024 245837 Electric Drives Inc Accounts Payable Check 2,640.00 06/14/2024 245838 Farmer Brothers Coffee Accounts Payable Check 315.09 06/14/2024 245839 Federal Express Corporation Accounts Payable Check 120.23 06/14/2024 245840 Feral Freedom Northern California Accounts Payable Check 380.77 06/14/2024 245841 Ferrellgas, Inc. Accounts Payable Check 216.12 06/14/2024 245842 Food 4 Less Accounts Payable Check 217.38 06/14/2024 245843 GoTo Communications, Inc. Accounts Payable Check 3,810.61 06/14/2024 245844 Hach Company Accounts Payable Check 2,341.77 06/14/2024 245845 Hillyard, Inc Accounts Payable Check 976.53 06/14/2024 245846 Ingraham Trophies Accounts Payable Check 143.70 06/14/2024 245847 Phil Jacob Accounts Payable Check 250.00 06/14/2024 245848 J.J.R. Enterprises Inc. Accounts Payable Check 1,779.38 06/14/2024 245849 Kone Inc. Accounts Payable Check 860.01 06/14/2024 245850 Laboratory Corporation of America Holdings Accounts Payable Check 397.95 06/14/2024 245851 Judithann A Longacre Accounts Payable Check 335.75 06/14/2024 245852 Marfab Inc Accounts Payable Check 275.45 06/14/2024 245853 Merced Truck & Trailer Inc Accounts Payable Check 125.78 06/14/2024 245854 O'Dell Engineering Accounts Payable Check 2,658.75 06/14/2024 245855 O'Reilly Auto Parts Accounts Payable Check 1,133.17 06/14/2024 245856 PG&E Company Accounts Payable Check 3,000.00 06/14/2024 245857 Pace Supply Corp. Accounts Payable Check 797.10 06/14/2024 245858 Precision Civil Engineering, Inc Accounts Payable Check 371.25 06/14/2024 245859 Provost and Pritchard Engineering, Inc. Accounts Payable Check 2,716.80 06/14/2024 245860 Purchase Power Inc Accounts Payable Check 243.28 06/14/2024 245861 Protech Security & Electronics, Inc. Accounts Payable Check 132.00 06/14/2024 245862 Save Mart Supermarkets Accounts Payable Check 21.74 06/14/2024 245863 Sherwin Williams Co Accounts Payable Check 61.86 06/14/2024 245864 SIJ Holdings, Inc Accounts Payable Check 1,133.51 06/14/2024 245865 Frank Silveria Accounts Payable Check 746.00 06/14/2024 245866 Mann Singh Accounts Payable Check 505.23 06/14/2024 245867 Sorensens True Value Accounts Payable Check 2,541.57 06/14/2024 245870 Technicon Engineering Services, Inc. Accounts Payable Check 759.50 06/14/2024 245871 Terryberry Company LLC Accounts Payable Check 145.03 06/14/2024 245872 Tractor Supply Credit Plan Accounts Payable Check 582.86 06/14/2024 245873 Trans County Title Co. Accounts Payable Check 400.00 06/14/2024 245874 Guillermina Talamates Accounts Payable Check 600.00 06/14/2024 245875 Underwood Ammunition, LLC Accounts Payable Check 2,301.84 06/14/2024 245876 USA Blue Book Accounts Payable Check 165.60 06/14/2024 245877 Vestis Group, Inc. Accounts Payable Check 454.84 06/14/2024 245878 Vestis Accounts Payable Check 193.81
06/14/2024 245879 Verizon Wireless Accounts Payable Check 458.12 06/14/2024 245880 Westside Water Conditioning Accounts Payable Check 193.50 06/14/2024 245881 Windecker Inc Accounts Payable Check 965.31 06/14/2024 245882 Young's Air Conditioning Accounts Payable Check 1,197.77 Break in check sequence due to the following: Payment Type Payment Check #245650 (Manual Void) Regular Checks 272 2,629,442.95 Check #245673 - #245676 (Payroll) Manual Checks 0 0.00
Check #245699 - #245700 (Manual Void) Voided Checks 0 0.00 Check #245741 (Manual Void) 272 2,629,442.95
Check #245749 (Manual Void)
Check #245825 - #245826 (Manual Void)
Check #245868 - #245869 (Manual Void)
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 LOs Banos
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Ray Reyna, Chief of Police ~
June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: UC Davis Excess Grant Funding
Recommendation:

That the City Council approve an increase in City expenditures in the amount of $20,000.00, related to excess grant funding, approved through a UC Davis grant program.

Background:

During the December 7, 2022 City Council Meeting, Council approved the acceptance of a $50,000.00 UC Davis grant, that was scheduled to expire in December of 2023.

Upon completion of the 2022-2023 Fiscal Year, only $30,000.00 of the available $50,000.00 in funding was included in the UC Davis 2023-2024 Fiscal Year budget.

Discussion:

The Police Department has been approved by UC Davis for a grant extension, allowing the Department to spend the remaining $20,000.00 in grant funding during the 2023- 2024 Fiscal Year.

The remaining funding will be used for spay/neuter services and supplies, veterinary care, and animal shelter supplies.
13 Fiscal Impact:

Expenditures for Fiscal Year 2023 - 2024 in account 100-429-170-273 will increase by $20,000.00.

Reviewed by:

Vanessa Portillo, Finance Director
Attachments:

Resolution
14 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE

INCREASE IN EXPENDITURES RELATED TO

EXCESS GRANT FUNDING THROUGH A UC

DAVIS GRANT PROGRAM IN THE AMOUNT OF
$20,000.00 FOR FISCAL YEAR 2023-2024
WHEREAS, the Police Department applied for and was awarded a UC Davis Grant in the amount of $50,000.00 for the 2022-2023 Fiscal Year; and WHEREAS, there is now approved excess funding through this grant program available for use by the City of Los Banos; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2023-2024 Fiscal Year by action to amend this budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the increase in expenditures from account 100-429-170- 273 related to excess grant funding through a UC Davis grant program in the amount of $20,000.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 LOsBanos
t th (ro ,oad of ,,lifornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Dir
DATE: June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing approval of the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal Year 2024-2025
Recommendation:

That the City Council adopts the Resolution approving the Road Maintenance and Rehabilitation Account (RMRA) Proposed Project List for Fiscal Year 2024-2025.

Background:

The State of California passed Senate Bill 1 (SB1) to address basic road maintenance, rehabilitation, and critical safety needs at the state and local level. SB1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. To be eligible for RMRA funding cities and counties are required to annually provide basic project reporting to the California Transportation Commission (CTC) for projects anticipated for and funded through the RMRA. The approved maintenance and repair list for 2024-2025 Fiscal Year is currently being scheduled and the project list is attached. The work on the project list completed before June 30, 2025 will be reportable to the CTC by October 2025. A detailed project cost sheet will be prepared by staff for the expenditure reporting purposes to the CTC.

Discussion:

Public Works staff has identified local street maintenance and rehabilitation work scheduled for the 2024-2025 Fiscal Year. A project list has been generated for maintenance and repairs that qualify for SB 1 funding allocations. The project list has been generated utilizing our existing pavement management .software (Streets Saver) and our asset management software (Cartegraph).
17 Fiscal Impact:

Adoption of this Resolution will allow the City to receive S81 funding estimated by the State of California to be $1,226,266. This funding along with the treatment and rehabilitation costs has been included in the 2024-2025 Fiscal Year budget.

Vanessa Portillo, Finance Director
Attachments:

Resolution
Maps of the Road Maintenance & Rehabilitation Plan
18 RESOLUTION NO. ----

RESOLUTION OF THE CITY COUNCIL OF THE

LOS BANOS ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2024-2025 FUNDED BY
SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1 ), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Los Banos are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Los Banos must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Los Banos, will receive an estimated $1,226,266 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, this is the eighth year in which the City of Los Banos is receiving SB 1 funding and will enable the City of Los Banos to continue essential road maintenance and rehabilitation projects that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Los Banos used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most highpriority and cost-effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
19 NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Los Banos, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues:

Project Title: Crack Seal
Project Description: Preservation of pavement by application of crack seal that prevents water from penetrating the existing pavement sections.

Project Location: Continuation of locations from FY 2023-24 (Exhibit A) Estimated Project Schedule: Start July 2024 - Completion June 2025.

Estimated Project Useful Life: 5-7 years.

Project Title: 2025 Pavement Rehabilitation Project
Project Description: Application of asphalt overlay of existing pavement surfaces. Work includes isolated dig out and replacement of deteriorated pavement, and replacement of pavement markings and striping.

Project Location: Locations for FY 2024-25 (Exhibit 8).

Estimated Project Schedule: Start July 2024 - Completion June 2025.

Estimated Project Useful Life: 10-20 years.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
20 AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
21 THIS PAGE IS INTENTIONALLY LEFT BLANK
22 CITY OF LOS BANOS EXHIBIT A SBl Crack Seal Schedule
Estimated Estimated Est. Area Total Useful
Asset FROM TO Start Date End Date PCI (LF) Estimated Life Cost 11053 CENTER AV CARDOZA CRESCENT 7/5/2024 6/30/2025 89 2000 $ 2,000 5-7 yrs I I 132-36 EAST B ST 7TH N 165 7/5/2024 6/30/2025 89 10000 $ 10,000 5-7 yrs 11598 SAN FELIPE CT SAN LORENZO EAST END 7/5/2024 6/30/2025 89 2000 $ 2,000 5-7 yrs 10982 DELAWARE AV PINION PINE 7/5/2024 6/30/2025 86 2000 $ 2,000 5-7 yrs 11281 OVERLAND AV ROCKPORT SOMERSET 7/5/2024 6/30/2025 86 2000 $ 2,000 5-7 yrs 11667-68 STONEHAVEN DR GREENWICH DR ROCKPORT 7/5/2024 6/30/2025 84 4000 $ 4,000 5-7 yrs 10138 BURL DR CARDOZA NEAL 7/5/2024 6/30/2025 83 2000 $ 2,000 5-7 yrs I 1285 WIND MERE CT SOMERSET WEST END 7/5/2024 6/30/2025 83 2000 $ 2,000 5-7 yrs 1 I 364-67 ELMWOOD DR BURGUNDY WINEMAKER 7/5/2024 6/30/2025 83 8000 $ 8,000 5-7 yrs I I 596-97 SAN LORENZO ST WILLMOTT EAST END 7/5/2024 6/30/2025 83 4000 $ 4,000 5-7 yrs 10912 FIR ST CARDOZA BIRCH 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs I I 387 SYRAH CT BURGUNDY SOUTHEND 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs 11459 POPLAR AV MAHOGONY LIVEOAK 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs 11461 POPLAR AV LIVEOAK POPLAR 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs 11463 POPLAR AV POPLAR LOCUST 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs 11465 POPLAR AV LOCUST MULBERRY 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs I 1656 SHERWOOD CT STONEHAVEN WEST END 7/5/2024 6/30/2025 81 2000 $ 2,000 5-7 yrs 10273 MUSCAT ST RIESLING CHARDONNAY 7/5/2024 6/30/2025 80 2000 $ 2,000 5-7 yrs 11386 GAMA Y CT BURGUNDY SOUTHEND 7/5/2024 6/30/2025 80 2000 $ 2,000 5-7 yrs 11207 CALIFORNIA ST 152 LST 7/5/2024 6/30/2025 79 2000 $ 2,000 5-7 yrs 11209 CALIFORNIA ST WESTL KST 7/5/2024 6/30/2025 79 2000 $ 2,000 5-7 yrs 11374 VINE CT VINE NORTH END 7/5/2024 6/30/2025 79 2000 $ 2,000 5-7 yrs 11484 PETIT SIRAH CT CHENIN BLANC NORTH END 7/5/2024 6/30/2025 79 2000 $ 2,000 5-7 yrs 10910FIRDR SANDRA CARDOZA 7/5/2024 6/30/2025 78 2000 $ 2,000 5-7 yrs 11635 GREENWICH DR STONEHAVEN FAIRMONT 7/5/2024 6/30/2025 78 2000 $ 2,000 5-7 yrs l 1646 GREENWICH DR PLACE STONEHAVEN 7/5/2024 6/30/2025 78 2000 $ 2,000 5-7 yrs 10272 CHARDONNAY ST PORT MUSCAT 7/5/2024 6/30/2025 77 2000 $ 2,000 5-7 yrs 10437 CHAPMAN DR SCRIPPS CHAPMAN CT 7/5/2024 6/30/2025 77 2000 $ 2,000 5-7 yrs I 1240 BRUT ST VINEYARD ZINFANDEL 7/5/2024 6/30/2025 77 2000 $ 2,000 5-7 yrs I I 450 FUME BLANC ST MERITAGE SANTAANA 7/5/2024 6/30/2025 77 2000 s 2,000 5-7 yrs I 0093-95 SKYLARK AV CARDINAL DOVE 7/5/2024 6/30/2025 76 6000 s 6,000 5-7 yrs 10098 SKYLARK AV CHUKAR QUAIL 7/5/2024 6/30/2025 76 2000 s 2,000 5-7 yrs 10538 TOSCANO CT WILLMOTT SOUTHEND 7/5/2024 6/30/2025 75 2000 $ 2,000 5-7 yrs 10566-69 PARK SHARON DR GREENBRIAR PARK VIEW 7/5/2024 6/30/2025 75 8000 $ 8,000 5-7 yrs 11449 BIRCH CT MAHOGONY EAST END 7/5/2024 6/30/2025 75 2000 $ 2,000 5-7 yrs 11464 LOCUST CT POPLAR SOUTHEND 7/5/2024 6/30/2025 75 2000 s 2,000 5-7 yrs 10131 SAN CARLO LN ST FRANCIS EL CAMINO 7/5/2024 6/30/2025 74 2000 $ 2,000 5-7 yrs 10184 CHABLIS CT DRIFTWOOD NORTH END 7/5/2024 6/30/2025 74 2000 $ 2,000 5-7 yrs I 1329-32 SAN LUIS ST E 152 CURLEW 7/5/2024 6/30/2025 74 8000 $ 8,000 5-7 yrs 10128 EL MONTE CT SAN RAMON SOUTHEND 7/5/2024 6/30/2025 73 2000 $ 2,000 5-7 yrs 10135-36 SAN MIGUEL AV ELCAMINO ELCAJON 7/5/2024 6/30/2025 73 4000 $ 4,000 5-7 yrs I 1327 VINEYARD DR CABERNET ELMWOOD 7/5/2024 6/30/2025 73 2000 s 2,000 5-7 yrs 11437 SANTA ANA ST CHENIN BLANC FUME BLANC 7/5/2024 6/30/2025 73 2000 $ 2,000 5-7 yrs I 1462 POPLAR CT POPLAR SOUTHEND 7/5/2024 6/30/2025 73 2000 $ 2,000 5-7 yrs 10239-41 SANTA LEA ST N SANTA VENETIA RANCHWOOD 7/5/2024 6/30/2025 72 6000 $ 6,000 5-7 yrs 10269 BLUSH ST CABERNET PORT 7/5/2024 6/30/2025 72 2000 $ 2,000 5-7 yrs 10271 PORT ST RIESLING BLUSH 7/5/2024 6/30/2025 72 2000 $ 2,000 5-7 yrs I 1460 LIVE OAK CT POPLAR SOUTHEND 7/5/2024 6/30/2025 72 2000 s 2,000 5-7 yrs 10336-39 FOXMEADOW WY RAQUETCLUB GREENBRIAR 7/5/2024 6/30/2025 71 8000 $ 8,000 5-7 yrs I 0621 CLAYTON CT WILLMOTT SOUTHEND 7/5/2024 6/30/2025 71 2000 $ 2,000 5-7 yrs 10899-00 WALTER DR NEAL KATHY 7/5/2024 6/30/2025 71 4000 $ 4,000 5-7 yrs 11369 GRAPE ST WINEMAKER VINE 7/5/2024 6/30/2025 71 2000 $ 2,000 5-7 yrs 10104 EAGLE ST SKYLARK MEADOWLARK 7/5/2024 6/30/2025 70 2000 $ 2,000 5-7 yrs 10105 ROBIN ST SKYLARK MEADOWLARK 7/5/2024 6/30/2025 70 2000 $ 2,000 5-7 yrs 23 Estimated Estimated Est. Area Total Useful Asset FROM TO Start Date End Date PCI (LF) Estimated Life Cost 10528 AMELIA CT LOUIE WEST END 7/5/2024 6/30/2025 70 2000 $ 2,000 5-7 yrs 11458 ALDER LN MULBERRY MAHAGONY 7/5/2024 6/30/2025 70 2000 $ 2,000 5-7 yrs 11483 RHONE CT CHENIN BLANC NORTH END 7/5/2024 6/30/2025 70 2000 $ 2,000 5-7 yrs 10039 SANTA ANA CT CHENINBLANC NORTH END 7/5/2024 6/30/2025 69 2000 $ 2,000 5-7 yrs 10132-34 EL CAMINO WY SAN CARLO SANMEGUEL 7/5/2024 6/30/2025 69 6000 $ 6,000 5-7 yrs 10293 CANVASBACK WY CANVASBACK SANLUIS 7/5/2024 6/30/2025 69 2000 $ 2,000 5-7 yrs 10663-64 EST 5TH 7TH 7/5/2024 6/30/2025 69 4000 $ 4,000 5-7 yrs 11187-89 IDAHO AV LST 1ST 7/5/2024 6/30/2025 69 6000 $ 6,000 5-7 yrs 11439-42 MULBERRY WAY BIRCH CARDOZA 7/5/2024 6/30/2025 69 8000 $ 8,000 5-7 yrs 11485 MUSCADET CT CHENIN BLANC SOUTHEND 7/5/2024 6/30/2025 69 2000 $ 2,000 5-7 yrs 10099 CHUKAR ST SKYLARK MEADOWLARK 7/5/2024 6/30/2025 68 2000 $ 2,000 5-7 yrs 10185 MERLOT CT DRIFTWOOD NORTH END 7/5/2024 6/30/2025 68 2000 $ 2,000 5-7 yrs 10714 SIXTH ST EST FST 7/5/2024 6/30/2025 68 2000 $ 2,000 5-7 yrs 11486 BLANC DE NOIR CT CHENIN BLANC NORTH END 7/5/2024 6/30/2025 68 2000 $ 2,000 5-7 yrs 10277 GA VI ST RIESLING SANTA BARBARA 7/5/2024 6/30/2025 67 2000 $ 2,000 5-7 yrs 10895 KEIKO CT WESTI WEST END 7/5/2024 6/30/2025 67 2000 $ 2,000 5-7 yrs 11295 FAIRMONT DR SAN DIEGO WIMBLEDON 7/5/2024 6/30/2025 67 2000 $ 2,000 5-7 yrs 10435 CHAPMAN CT CHAPMAN WEST END 7/5/2024 6/30/2025 66 2000 $ 2,000 5-7 yrs 10537 PECAN CT WILLMOTT SOUTHEND 7/5/2024 6/30/2025 66 2000 $ 2,000 5-7 yrs 10864 GREENWOOD WY ALBERTA BIRCH 7/5/2024 6/30/2025 66 2000 $ 2,000 5-7 yrs 10901-02 NEAL ST WALTER WEST I 7/5/2024 6/30/2025 66 4000 $ 4,000 5-7 yrs 10903-04 KEIKO ST ORTAGALITA WEST I 7/5/2024 6/30/2025 66 4000 $ 4,000 5-7 yrs 10908-09 SANDRA ST WEST I EAST END 7/5/2024 6/30/2025 66 4000 $ 4,000 5-7 yrs 11196-98 NEV ADA AV 152 J ST 7/5/2024 6/30/2025 66 8000 $ 8,000 5-7 yrs 10204-05 SANTA MONICA ST LAUREL WOOD SANTA LEA 7/5/2024 6/30/2025 65 4000 $ 4,000 5-7 yrs 10333 RACQUET CLUB DR SAN LUIS FOXMEADOW 7/5/2024 6/30/2025 65 2000 $ 2,000 5-7 yrs 10335 RACQUET CLUB DR FOXMEADOW EAST END 7/5/2024 6/30/2025 65 2000 $ 2,000 5-7 yrs 11230-31 BURGUNDY ST CABERNET CHAMPAGNE 7/5/2024 6/30/2025 65 4000 $ 4,000 5-7 yrs 11466 BIRCH AV PERSIMMON MULBERRY 7/5/2024 6/30/2025 65 2000 $ 2,000 5-7 yrs 11599 LAS PALMAS ST EASTB WILLMOTT 7/5/2024 6/30/2025 65 2000 $ 2,000 5-7 yrs 10661-62 FIFTH ST GST EST 7/5/2024 6/30/2025 64 4000 $ 4,000 5-7 yrs 11370 GRAPE CT VINE NORTH END 7/5/2024 6/30/2025 64 2000 $ 2,000 5-7 yrs 10276 PORT ST BLUSH CHARDONNAY 7/5/2024 6/30/2025 63 2000 $ 2,000 5-7 yrs 11607 SAN FERNANDO ST SAN RAFAEL SAN DIEGO 7/5/2024 6/30/2025 63 2000 $ 2,000 5-7 yrs 11616 SAN RAFAEL ST SAN JOSE SAN FERNANDO 7/5/2024 6/30/2025 63 2000 $ 2,000 5-7 yrs 1 1624 SAN RAFAEL ST FAIRMONT SAN JOSE 7/5/2024 6/30/2025 63 2000 $ 2,000 5-7 yrs 10294-95 HARLEQUIN DR CANVASBACK GOLDENEYE 7/5/2024 6/30/2025 62 4000 $ 4,000 5-7 yrs 10707 BRODDRICK CT NSANTAANA WEST END 7/5/2024 6/30/2025 62 2000 $ 2,000 5-7 yrs 11239 VINEY ARD DR ELMWOOD STONEWOOD 7/5/2024 6/30/2025 62 2000 $ 2,000 5-7 yrs 11286 ROCKPORT DR SOMERSET OVERLAND 7/5/2024 6/30/2025 62 2000 $ 2,000 5-7 yrs 10141-42 LOS PELIS WY PARK ST. FRANCIS 7/5/2024 6/30/2025 61 4000 $ 4,000 5-7 yrs 10270 BLUSH CT PORT WEST END 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 10296 HARLEQUIN CT GOLDENEYE SOUTHEND 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 10529 FLORENCE CT LOUIE WEST END 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 10651 ARIZONA AV HST WEST I 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 11275-77 SOMERSET AV EMISSION OVERLAND 7/5/2024 6/30/2025 61 6000 $ 6,000 5-7 yrs 11283-84 SOMERSET AV OVERLAND ROCKPORT 7/5/2024 6/30/2025 61 4000 $ 4,000 5-7 yrs 11368 WINEMAKER ST ELMWOOD GRAPE 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 11375 WINERY CT VINE NORTH END 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 yrs 11376 WINEMAKER ST ELMWOOD VINTNER 7/5/2024 6/30/2025 61 2000 $ 2,000 5-7 ~ Total 300,000 $ 300,000
24 CITY OF LOS BANOS EXHIBITB
ROAD MAINTENANCE AND REHABILITATION PLAN SBl/MEASURE V
2024-2025
Estimated Estimated Area Estimated
Hot Mix Overlay - Reconstruction PCI Start Date End Date (SQ FT) Cost (total) Castellana St Palermo Dr to Pavement Change 0 7/1/2024 6/30/2025 22,432 $ 123,376 Montieri St Sorento St to Castellana St 0 7/1/2024 6/30/2025 16,608 $ 91,344 N Fallbrook Dr Ward to Snowgoose Dr 0 7/1/2024 6/30/2025 37,744 $ 226,464 Mahogany Dr Willow Way to Birch Ave 5 7/1/2024 6/30/2025 35,776 $ 196,768 Sorento St Palermo Dr to End 6 7/1/2024 6/30/2025 18,528 $ 101,904 Willow Way Mulberry Way to Mahogany Dr 6 7/1/2024 6/30/2025 25,376 $ 139,568 Stonewood Dr Parkwood to North End 11 7/1/2024 6/30/2025 88,860 $ 533,160 West L Street West I to Iowa Ave 0 7/1/2024 6/30/2025 25,432 $ 152,592 WillmotAve Johnson Rd to Frank St 18 7/1/2024 6/30/2025 48,636 $ 291,816 319,392 $ 1,856,992
Estimated Estimated Area
Overlay - Rehabilitation PCI Start Date End Date (SQ FT) Cost (total) Assisi Ct Castellana to East End 0 7/1/2024 6/30/2025 11 ,968 $ 59,840 Cantania Ct Castellana to East End 0 7/1/2024 6/30/2025 11 ,104 $ 55,520 Treviso Ct Montieri St to North End 0 7/1/2024 6/30/2025 5,120 $ 25,600 Urona Ct Montieri St to North End 0 7/1/2024 6/30/2025 5,120 $ 25,600 Mesquite Ct Willow to South End 6 7/1/2024 6/30/2025 5,928 $ 29,640 Lilac Ct Magnolia Way to West End 7 7/1/2024 6/30/2025 7,308 $ 36,540 Azalea Ct Magnolia Ct to West End 8 7/1/2024 6/30/2025 9,296 $ 46,480 Mondovi Ct Roma St to East End 8 7/1/2024 6/30/2025 7,840 $ 39,200 Apricot Ct East End to Persimmon Way 13 7/1/2024 6/30/2025 13,182 $ 65,910 Magnolia Ct South End to Lilac Ct 13 7/1/2024 6/30/2025 16,576 $ 82,880 Center Ave Bridge 20 7/1/2024 6/30/2025 6,000 $ 30,000
99,442 $ 497,210
Total 418,834 $ 2,354,202
Note: Funding from Measure V will also be utilized to complete this plan Useful
Life
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2821 STREET REHAIIUTATION
LOCA110N IIAP AND INDEX OF DRAWINGS
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27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 LOsBanos
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Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director1c·
DATE: June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Approving the Design/Build Delivery Method and approving Addendum No. 1 for the Vanir Construction Management, Inc. Professional Services Agreement (PSA) for the New Fire Station No. 4 Project Recommendation:

That the City Council adopts the Resolution approving the following:

1. That the Design/Build delivery method be used for the Fire Station No. 4 Project; and

2. That the Addendum No. 1 of the Vanir Construction Management, Inc.

Professional Services Agreement (PSA) be entered into and authorize the City Manager to execute said Addendum No. 1. The administration of said Addendum No. 1 is to be performed by the Public Works Director/City Engineer. Said Addendum No. 1 is not to exceed $874,440.00 for the scope of work.

Background:

The City of Los Banos spans 10.12 square miles of incorporated area combining residential, commercial, and industrial development, and has a population of over 40,000 residents. The Los Banos Fire Department is the emergency response provider for the City.

The City is seeking to build a third station which will allow for improved response times to the Western parts of the City. The facility will also serve as an Emergency Operations Center and Regional Training Facility. Training will provide local and regional emergency personnel with the knowledge and skills to better serve the City of Los Banos, Merced County and the State. This new facility requires design and construction, access, utilities improvements, landscaping and parking. Fire, EMS and rescue services are dispatched 29 from two stations. Department personnel respond from two stations strategically located around the geographical center of the city.

Necessity: An initial site was selected at the east end of the city for the New Fire Station and EOC. After a Needs Assessment and due to expansion in the west side of the city, it was determined the best suited site for the new station and EOC is on property that has been designated for a future fire station, located in residential development of Anderson Homes on the westside of the city.

In 2019, Anderson Homes granted an Irrevocable Offer of Dedication of 1.4 acres for the public purpose of a fire station site and other related public purposes within Assessor's Parcel Number: 430-010-035. The City expects to take possession of this property in July 2024.

Discussion:

Vanir Construction Management, Inc. (Vanir) has completed Phase 1, Pre-design Services of their Project Management Services PSA for the New Fire Station No. 4 Project. During Phase 1, Vanir analyzed three project delivery systems: 1. Design-Bid-Build (088), 2.

Design/Build (DB), and 3. Modular Design/Build.

The Design-Bid-Build is the typical delivery method in which an agency hires an architect to design the facility, then the design is put out to bid and awarded to a construction company. The City has separate agreements with the construction management firm, the design architect, and the construction company. This delivery method is prone to conflict, claims, and delays. All the scope changes, changed conditions, design contingencies, and general contractor claims become the City's risk.

The Design/Build delivery method requires two separate agreements with the construction management/bridging architect firm and the general contractor/architect engineer. The construction management firm prepares design guidelines for the project and focuses on specifics of the design guidelines up front before procurement. The project, with the design guidelines set, is then put out for a Request for Proposals (RFP) for a Design/Build team of contractor/architect. The selected team is required to design and build the project per the design guidelines and the budget. This method essentially eliminates the errors and omissions claims since the design architect is part of the construction team. This process does require a carefully constructed contract to ensure owner requirements are met.

The Modular Design/Build delivery method requires three separate agreements with the construction management firm, the general contractor and the modular contractor. The building is constructed off site with state inspections and assembled at the project site.

The cost of typical modular construction, on average, is less per square foot of the traditional stick built buildings. Once the design is complete, the owner cannot see the progress of the building being constructed. This method does not lend itself to a more sophisticated design as it is confined by the modular units. 30 Due to the 50-year lifespan of the Design/Build, the ability for a more sophisticated design, and essentially eliminate error and omissions claims, staff is recommending that the City Council approve proceeding with the Design/Build delivery method.

Staff is also recommending that the City Council approve Addendum No. 1 to Vanir's Construction Management PSA using the Design/Build delivery system. This addendum increases Vanir's scope of work through the end of construction.

The Addendum No. 1 scope of work includes the following items:
• Project Management Plan
• Bridging documents
• Development of Design/Build Entity (DBE) package and process • Consultant selection
• Geotechnical Report
• Schedule management
• Cost management
• Surveying services
• Annual maintenance and operational analysis
• Submittal procedures
• Jobsite meetings
• Quality assurance
• Construction observation
• Construction progress review
• Monthly construction schedule updates
• Monthly construction payment reports
• Monthly construction update reports
• Change order processing system
• Negotiation of change order costs and time extensions • Claims avoidance
• Instruction manuals and training
• Record documents
• Systems training
• Final completion
• Special Inspection services
Each of these scope of services items is described in Addendum No. 1 in Exhibit A The Vanir Construction Management, Inc. cost of the scope of services for Addendum No. 1 which will be performed during fiscal year 2024/2025 is $90,000. This scope includes Schematic Design, Bridging Documents and Procurement. The remaining $784,400 in Addendum No. 1 scope of services will be budgeted in the 2025/2026 fiscal year.

Fiscal Impact:

The total fee to Vanir Construction Management, Inc. for doing the scope of services as outlined in Addendum No. 1 to the original PSA is $874,440. Funds have been appropriated in account no. 322-422-100-720, Fire Emergency Operations Center Building 31 and Structures. Current funding for this project consists of a $5 million grant received from Senator Anna Caballero and Assemblymember Adam Gray, and Fire Impact Fees.

Vanessa Portillo, Finance Director
Attachments:

Resolution
Addendum No. 1 to PSA, including Exhibit A, Scope of Services 32 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THAT 1.

THE DESIGN/BUILD DELIVERY METHOD BE
USED FOR THE NEW FIRE STATION NO. 4
PROJECT AND 2. ADDENDUM NO. 1 OF THE
VANIR CONSTRUCTION MANAGEMENT, INC.

PROFESSIONAL SERVICES AGREEMENT (PSA)

BE ENTERED INTO AND THAT THE CITY

MANAGER SHALL EXECUTE SAID ADDENDUM

AND THE PUBLIC WORKS DIRECTOR/CITY

ENGINEER WILL ADMINISTER SAID
ADDENDUM.

WHEREAS, on January 11, 2024, City and Consultant entered into a Professional Services Agreement ("Agreement") for project management services for the New Fire Station No. 4 Project ("Project").

WHEREAS, Phase 1 Pre- Design Phase Services have been completed and the project improvements have been defined, therefore the parties agree that the scope of work and tasks for Phase 2 and Phase 3 can be confirmed by addendum to the Agreement.

WHEREAS, City and Consultant desire to enter into this Addendum No. 1 to provide Design and Construction phase project management services, Bridging Architect Services, Geotechnical Services and Special Testing Lab Services for the Project as set forth in Consultant's Proposal.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Authorize that the design/build delivery method be used for the Fire Station No. 4 Project; and.

2. Authorize that the Addendum No. 1 of the Vanir Construction Management, Inc. Professional Services Agreement (PSA) be entered into and authorize the City Manager to execute said Addendum No. 1. The administration of said Addendum No. 1 is to be performed by the Public Works Director/City Engineer. Said Addendum No. 1 is not to exceed $874,440.00 for the scope of work.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member 33 ___ __ who moved its adoption, which motion was duly seconded by Council Member _____ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Mayor Paul Llanez
ATTEST:

Lucille L. Mallonee, City Clerk
34 ADDENDUM NO. 1

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF LOS BANOS AND
VANIR CONSTRUCTION MANAGEMENT, INC.
[NEW FIRE STATION No. 4 PROJECT]
THIS ADDENDUM NO. 1 to Agreement for Professional Services ("Addendum No. 1 ") is made and entered into as of this __ day of June 2024, by and between the City of Los Banos, California, a municipal corporation, ("City,") and Vanir Construction Management, Inc., a California corporation ("Consultant").

RECITALS
WHEREAS, on January 11, 2024, City and Consultant entered into a Professional Services Agreement ("Agreement") for project management services for the New Fire Station No. 4 Project ("Project").

WHEREAS, Phase 1 Pre- Design Phase Services have been completed and the project improvements have been defined, therefore the parties agree that the scope of work and tasks for Phase 2 and Phase 3 can be confirmed by addendum to the Agreement.

WHEREAS, City and Consultant desire to enter into this Addendum No. 1 to provide Design and Construction phase project management services, Bridging Architect Services, Geotechnical Services and Special Testing Lab Services for the Project as set forth in Consultant's Proposal.

NOW, THEREFORE, through this Addendum No. 1 to the Professional Services Agreement dated January 11, 2024, the Parties agree as follows:

1. Consultant will perform additional work as detailed in the Proposal dated April 26, 2024, as revised on June 6, 2024 attached hereto as Exhibit A and incorporated herein by this reference, in an amount not to exceed $874,440.00.

2. Except as expressly modified or supplemented by this Addendum No. 1, all of the provisions of the Agreement shall remain unaltered and in full force and effect.

3. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Addendum No. 1.

Ill
Ill
Ill
1 35
IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 on the dates set forth below.

Date: _____ _, 2024
Date: _____ ~ 2024
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
2 V ANIR CONSTRUCTION
MANAGEMENT, INC., a California
corporation
by:
title:

CITY OF LOS BANOS, a California
municipal corporation
by:
title:
36 EXffiBIT A
Proposal dated April 26, 2024 as revised on June 6, 2024 3 37

THIS PAGE IS INTENTIONALLY LEFT BLANK
38 Construdlon Management, Inc.

April 26, 2024
Mr. Charles Bergson
Public Work Director/City Engineer
City of Los Banos
411 Madison A venue
Los Banos, CA 93635
RE: City of Los Banos - New Fire Station No. 4 Project
2444 Main Street, Suite 130
Fresno, CA 93721
T 559-496-0536
F 559-860-0173
www.vanir.com
Design & Construction Phase Services Amemdment, Phase 2 & 3 Dear Mr. Bergson:

In response to our discussion on April 1, 2024, Vanir CM respectfully offers the following scope of services proposal to provide Design and Construction phase project management services, Bridging Architect Services, Geotechnical Services and Special Testing Lab Services to the City of Los Banos on the New Fire Station No. 4 Project.

Scope of Services
The scope of services outlined below includes a list of tasks that V anir can perform for this project.

Design Phase Services (Phase 2, Time -3 Months)
Task #1 - Project Management Plan: During the design phase, Vanir will work closely with the bridging architect to initiate project tracking and control methods to ensure that the project is designed in compliance with the City's needs, defined program requirements and design criteria including adherence to established budget and schedule requirements. Essential to this task is the development of the Project Management Plan. The Project Management Plan will be our "road map" and the guiding document for management of design, bid/award, construction, and project close-out. As a "living" document, the major components of the plan will identify roles and responsibilities, project delivery strategies, public relations, design and construction oversight and management, control agency liaison, lines of communication and approval, project level budget, project level schedule major milestones and funding, project controls, reporting, systems, procedures, and commissioning. This plan will become a "virtual" look at the entire project development process. The plan will outline all work activities and assignments to establish a clear understanding of the work expectations necessary for good working relationships among all team members and successful delivery of the project.

Task #2 - Bridging Architect Selection: Vanir respectfully submits The Taylor Group Architects (TTG) as a subconsultant to the Vanir team. TTG and their subconsultants will work with Vanir to establish the Bridging Documents (Specifications/SD level Plans), as well as define architectural look/style of the building(s), develop City Standards, develop the Design-Build Arizona I California/ Colorado/ Illinois/ Louisiana/ Nevada/ New York/ Oregon/ Texas/ Virginia/ Washington Saudi Arabia / United Arab Emirates
39 Request for Qualifications (RFQ), Requests for Proposals (RFP) and front-end specifications (division O & 1). TTG will work with the City to establish the architectural scope of work, develop architectural design agreement, and assist in negotiation of the fees (with DBE) on behalf of the City for design services. Our Design Phase Manager will be responsible for coordination of services with the City and the Design Build Entity (DBE) throughout the administration of the architectural contract and management of the design process and throughout the life cycle of the project.

Task #3 -Additional Consultant Selection: The City of Los Banos has requested Vanir to procure the Geotechnical Engineer and Special Testing Lab. Based on previous experience with Vanir on other projects, as well as a great track record in the City of Los Banos, Vanir selected Krazan as our subconsultant for these disciplines.

Task #4 - Schedule Management: One of our initial tasks will be to continue to develop the master schedule showing all the summary tasks that are required during the life of the project.

This master schedule becomes the major reporting vehicle throughout the life of the project.

Detailed task information is added during the various stages of design, and construction. Progress of each phase and its activities are monitored continually and reported regularly to the project team.

Vanir has developed stringent schedule specifications for inclusion in the contract documents which are tailored to meet the specific needs of California construction projects. These schedule specifications require the contractor to provide a schedule containing cost loading, manpower loading (or other time verification measures) and sufficient detail to accurately monitor the progress of construction. These requirements form the basis for sound time management as well as cost/budget control during construction and provide the "teeth" to enforce schedule compliance during construction.

Development of Bridging Documents/DBE RFP (Time - 1 month) Task #5 - Bridgine. Documents
o BIM Modeling: Modeling the project during the preconstruction phase confirms the program (what you model is what you get) and provides integrated cost control.

As the architectural program is further developed, we will test its application on the site. Our massing models will give you a "first look" at the anticipated configuration and give you a sense of the issues that might be inherent in development of the site. In addition, the model becomes an interactive basis for accurate cost modeling.
o Conduct plan review two ( 2) web in a r workshops to validate and refine proposed conceptual space plans and allow for selection of preferred alternate. o Develop the bridging plans and specifications to a heavy Schematic Design level. • Site Plan
• Architectural Floor Plans

40 • Concept Section
• Single Line Diagram
• Utility Plan
• Material Descriptions
• Room Data Sheets
• Outline Technical Specifications
o Loose Furniture drawings to be developed by the City, not Vanir. However, Vanir can coordinate with a local furniture vendor contracted through the City for plans & specs. Vanir will work with the City's vendor and assist with move-in and transition planning.

Task #6-Conceptual Budget: Vanir will work with the City to refine the conceptual budget previously developed for the City's review. Long-term life cycle costs and maintenance staff efficiency will be taken into account when modeling.

Task #7 - Design-Build Entity (DBE) RFP Development: Vanir will work with the City to establish the DBE scope of work, pre-qualification process and develop DBE design agreement.

DBE Pre-Qualification, Evaluation and Selection (Time - 6 months) Task #8 - Development of the DBE Pre-Qualification Package & Process:

Vanir will serve as the Design Phase Manager and will be responsible for coordination of services with the City and the selected DBE team throughout the administration of the architectural contract and management of the DBE process of the project. o Develop the DBE Selection Process
o Develop the DBE Pre-Qualification Package
o Develop the DBE Pre-Qualification Scoring Criteria
o Evaluate the DBE Pre-Qualification Package
o Attend one (1) on site meeting with City stakeholders to finalize DBE selection. o Attend two confidential meetings with City and DBE
o Assist in negotiation of the fees on behalf of the City for design and construction services. Attend one (1) on site meeting with the City stakeholders and DBE for final negotiations.

Construction Phase Services (Phase 3, Time -12 months)
Vanir's construction manager will be responsible for contract administration and in conjunction with the construction manager will establish and implement the required procedures between the City, the architect and the contractor. Success during the construction phase depends on the establishment and implementation of proper project controls systems along with the establishment of positive working

41 relationships. Vanir will strive to establish trust among all team members and to keep their focus on the overall success of this project. With the participation and approval of the City, Vanir will complete the following tasks:

Task #1 - Submittal Procedures: Vanir will establish and maintain the formal process for submission and tracking of project documents including submittals, RFI's, proposed changer orders, change orders, payment requests, schedule updates and all other contractually required documents.

Task #2 - Jobsite Meetings: Our construction manager in conjunction with the City will conduct regular jobsite progress meetings with the contractor and major subcontractors to identify and resolve issues that may impact the progress of the project. Vanir will verify the DBE records, transcribes, and distributes minutes to all attendees, the City and all other appropriate parties.

Task #3 - Quality Assurance: Vanir will work with the City to develop a quality assurance plan for the construction of the project. This plan will define the technical inspection and testing requirements provided by third parties. All technical inspection reports will be in a format approved by Vanir and will be received and distributed by V anir on a regular basis.

Task #4 - Construction Observation: Our construction manager will observe the construction effort for the City on a daily basis and report any deviations, defects or deficiencies that are observed in the work. We will work with the contractor and the architect in the timely resolution of identified issues to minimize time and cost impacts.

Task #5 - Construction Progress Review: On a monthly basis we will review the progress of construction with the contractor, observe work in place, identify properly stored materials and evaluate the percentage complete of each construction activity as indicated in the construction schedule. This will serve as data for input to the monthly update report which will be prepared and distributed to all appropriate parties. This report will reflect the contractor's contractual progress and will be the basis for the monthly progress payment to the contractor.

Task #6 -Month! Construction Schedule Updates: Vanir will prepare and distribute monthly construction schedule updates. After an evaluation of the actual progress as observed by Vanir, schedule activities will then be assigned percentage complete values in conjunction with the contractor's progress. A report will be generated to reflect actual progress as compared to schedule progress noting variances. This report will also be the basis for determining implementation of certain City prerogatives concerning progress of the project should they be required.

Task #7 - Monthlv Construction Payment Reports: Vanir will prepare and distribute the monthly construction payment reports which will be an integral function of the monthly schedule report.

This report will reflect the total construction contract price, contractor's payment to date, current payment requested, retainage and actual amounts owed for the current period. The final portion of this report will be a certificate of payment which will be executed by Vanir, the architect and the contractor and transmitted to the City for use in payment to the contractors.

42 Task #8 - Change Order Processing System: Vanir will establish and implement a change order processing system. All owner requested changes will first be set forth in a document from the architect outlining in detail the change and accompanied by technical drawings and specifications, if necessary. A request for proposal will be transmitted to the contractor by Vanir and a detailed breakdown of cost and time will· be prepared by both the contractor and V anir prior to negotiation of the change order. Vanir will evaluate the contractor's proposed cost and will make a formal recommendation regarding acceptance of the proposal for a change order.

Task #9 - Negotiation of Change Order Costs and Time Extensions: Vanir, in conjunction with the City, will negotiate change order costs and time extensions on behalf of the City. Vanir will advise the City of acceptability of price and time extension prior to the execution of any change order.

Task #10- Claims Avoidance: Claims avoidance has the highest priority at Vanir, and we are proud of our record of performance in this area. Honest parties can have reasonable, justifiable disagreements over construction claims issues and still resolve these matters by maintaining a professional demeanor. Our team believes that disputes should be resolved at the earliest possible time and that they should be resolved fairly. When disputes do arise, our approach is to research the facts around the issue thoroughly, bring all parties involved to the table, discuss the matter and reach resolution. In our efforts to bring amicable resolution to disputes, we have used several alternative dispute resolution procedures such as Dispute Resolution Boards and Mediation.

Task #11 - Instruction Manuals & Training: Prior to the conclusion of construction we will work with the contractor and subcontractors to obtain all written material such as operations and maintenance manuals, warranties and guarantees for all equipment installed in the project. These will be transmitted to the appropriate City staff for review prior to scheduling operations and maintenance training.

Task #12 - Record Documents: Vanir will perform coordination and expediting functions in connection with the contractor's obligation to provide "record" documents. Although the transmittal of final record documents takes place at the end of the project it is imperative that this activity be monitored from the beginning of construction to assure accurate documents are available.

Task #13 - Systems Training: Training will be incorporated into the contract documents for maintenance operations and staff. We will assist in the training for the opening of a new facility.

Task #14 - Final Completion: Upon completion of all punch list corrective action, Vanir will make a final comprehensive review of the project and issue a report to the City indicating the work performed is acceptable under the contract and make recommendations as to final payment to the contractor and acceptance of the facility.

43 Construction Manager
Vanir hereby designates TBD as the project's Construction Manager, who, as long as his/her performance continues to be acceptable to the City, shall remain in charge of the services for the Project from beginning of the program development and design through completion of construction support services provided for in this scope of services. If the designated Construction Manager is unavailable due to extenuating circumstances, Vanir will provide a replacement subject to the City of Los Banos' prior written approval.

Transition Phase Services
Vanir is aware that transition planning needs to start in early project development and be maintained throughout the life of the project to assure a smooth occupancy of the building. Some of the areas Vanir can assist the City include:

Task #1 - Move-In Coordination: Preparation ofRFPs for moving services and providing on-site personnel to oversee and administer the contract for moving.

Task #2 - Scheduling and Coordinating Start-Up and Transition Activities: Vanir will coordinate and schedule all testing of equipment and will assist the City with coordination of the move-in process.

Task #3 - Occupancy Plan/Schedule: V anir will prepare an occupancy plan and schedule for relocation of furniture, equipment and personnel.

Task #4 - Policy and Procedures: A manual will be prepared with the assistance of the City staff outlining all state and federal rules for operation of the facility.

Task #5 -Procurement ofFF&E: Vanir will develop an inventory of the furniture, fixtures and equipment needed to carry out the operation of the detention facility and assist in the procurement as required by the City.

Task #6 - Systems Training: Training will be incorporated into the contract documents for maintenance operations and custody staff. We will assist in the training for the opening of a new institution.

Warranty Phase
Task #1 - Warrant Coordination: Coordinate warranty issues with the City public works management team and the contractor during the one-year warranty period, maintain warranty tracking log, participate in monthly (or bi-weekly) warranty meetings and conduct one (1) warranty review meeting on site between 9 - 11 months after turnover/operation.

44 Our services will be delivered and billed on a Lump Sum Fixed-Fee, Percentage basis.

We look forward to a successful project and building a great and strong working relationship with the City of Los Banos and the project team. Thanks again for the opportunity and as always, please call with any questions.

Sincerely,
VANIR CONSTRUCTION MANAGEMENT, INC.

Jr~
Scott Murphy, ccM
Central California Area Manager
Cc: Roy Magdaleno, Deputy Area Manager, Vanir CM
End of Proposal
Fee Proposal Follows on Next Page

45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 Los Banos Fire Station No 4

PROPOSED FEE SCHEDULE
TASK #1
Pre-Construction Phase
Project Management (Design Mgmt.)
SD Estimate (Conceptual)
DD Estimates (100% DD)
CD Estimates (50% CD)
CD Estimates (95% CD)
Constructability Review
Commissioning
Special lnspection/Lab/Geotech
Allowance
Master Architect - Bridging Docs
Reimbursables
Subtotal
TASK#2
Bid/Award Phase
Bidder Questions
Bid Solicitation/Marketing
Pre-bid Conference
Addenda Assistance
Bid Opening & Evaluation
Blind Bid Process
Subtotal
Reimbursables
Pre-Construction Total
TASK#3
Construction Phase {12 Months\
Construction Management
Allowance for Architect Overages
Reimburables (CM&A/E)
Commissioning
Inspection (16 months) incl. reimb.

Master Architect - CA Services
Subtotal
TASK#4
Closeout Phase {2 Months\
Construction Management
Master Architect - CA Services
Reimbursables
Subtotal

TOTAL FEE
PM (Design) + Reimbursables
Special lnspection/Lab/Geotech Allowance
~aster Architect (Design/Construction/Closeout)
Commissioning (Design)
Commissioning (Construction)
Inspection (Construction)
CM (Construction) + Reimbursables
PM/CM Closeout Phase + Reimbursables
Master Architect (Construction)
Sub-Total
Mark ups
Vanir - 5% of A/E
Grand Total
(see Attachment 1 for a detailed breakdown)
$82 ,015
Included above
NIC
NIC
NIC
NIC
NIC
$58,000
$324,600
$5,000
$469,615
Included above
Included above
Included above
Included above
Included above
Included above
$0
$0
$469,615
(see Attachment 2 for a detailed breakdown)
$373,810
$6,000
Included above
$379,810
(see Attachment 3 for a detailed breakdown)
$8,235
Included above
$200
$8,435
$87,015
$58,000
$324,600
NIC
NIC
NIC
$379,810
$8,435
Included
$857,860
$16 580
$874,440
Vanir CM
614/2024
47 Los Banos Fire Station No 4
Mav-24 Jun-24
Preconstruct1on Phase Costs - ProJect/Design Management Pos 10n
Stn-iil,la,
A!tnnwtn1w.A8.8!1•~,.,
Pre·Constructi0 n Phase Project Mgmt (Design Mgmt) $82,015 SD Estimate (Conceptual) Included above
DD Estimates (Full) NIC
CD Estimates (Full) NIC
CO Estimates {Update) NIC
Constructability Review NIC
Commissioning NIC
Peer Revlew NIC
Subtotal ~-~,s=2~,o~,.~
15 15
$3,355 $3,355
TASK#1
ATTACHMENT 1 - PROPOSED FEE SCHEDULE
Jul-24 Aua 24 Sep 24 Oct-24 Nov 24 Dec24 Jan 25 Feb-25 Mar 25 , 10 11
1 1
' 1
15 1 25 ,o "" "' "" 10
"'
$3,355 lJ.~:, $5,105 $9,375 $7,730 l22,13U $2,480 $2,480 VanirCM
Apr 25 Mav-25 Jun-25 Jul-25
12 14 15 otal ttours Total cost
15 $ 3,975.00
' 29 $ 6,815.00
IC 1()1 ,o 305 $ 53,375.00
BO S 14,4
$2,480 $2,460 $2,4tlll $2,480 459 U2.01 00
614/2024
48 Los Banos Fire Station No 4
Attachment 2
Aug-25 Sep-25
Construction Phase Costs - Construction Management
Position
Principal
Project Director
Construction Manager
Project Manager
Scheduler
Senior Estimator
Administrative Assistant
Total Cost
Construction Phase
Subtotal
Reimbursable Cost@
$500/month for duration =
Total
• • e
>265
$235
$175
$175
$175
$180
$115
$373,810
$6,000
$379,810
1 2
1 1
1 1
168 168
20 5
2 2
$33,630 >31,005

FEE SCHEDULE
Oct-25 Nov-25 Dec-25 Jan-26 Feb-26
3 4 5 6 7
1 1 1 1 1
1 1 1 1 1
168 168 168 168 168
5 5 5 5 5
2 2 2 2 2
$31 ,005 :i;31,005 >31,005 131,005 n1,uos
VanirCM
Mar-26 Mav-26 Jun-26 Jul-26
8 9 10 11 12 Tot:11 nours otalCost
1 1 1 1 1 12 ~ 3,180.00
1 1 1 1 1 12 > 2,820.00
168 168 168 168 168 2,016 $ 352,800.00
Q s 5 5 5 5 " ' 12,250.00
e I
2 2 2 2 2 2, $ 2 ,760.00
:)J1,005 $31,005 >31,005 $31 ,005 >30,130 2,t10 $373,310.00 6/'1/2024
49 Los Banos Fire Station No 4
Attachment 3
Closeout Phase Costs -
Position
Project Director
Construction Manager
Inspector
Administrative Assistant
Total Cost
Construction Phase
Subtotal
Reimbursable Cost@
$0/month for duration =
Total
Kate
$235
$175
$0
$115
$8,235
$200
$8,435
Aug-26
1 Total Hours Total Cost
8 8 $ 1,880.00
35 35 $ 6,125.00
0 0 $ -
2 2 $ 230.00
$8,235 $8,235.00
50 TO:

FROM:

DATE:

SUBJECT:

LOsBanos
i(4 nu
Agenda Staff Report
Mayor & City Council Members
Charles Bergson, P.E., Public Works Dir
June 19, 2024
Cost Share Agreement for the Early Learning Center B Street Drainage Ditch Project
TYPE OF REPORT: Consent Item
Recommendation:

That the City Council receives and adopts a resolution approving the Cost Share Agreement between the City of Los Banos (herein "CITY") and the Los Banos Unified School District (herein "DISTRICT") for Public Improvements for the Early Learning Center B Street Drainage Ditch Project.

Background:

The Los Banos Unified School District plans to construct an Early Learning Center (herein "Project") at the southwest corner of East B Street and Place Road. The plans call for the undergrounding of the open storm drainage ditch adjacent to the northern boundary of the Project on CITY real property (APN 428-010-006). CITY and DISTRICT find it is in the public interest to underground the current open ditch to ensure safety and functionality. The DISTRICT has included the undergrounding of the open storm drainage ditch for the Project with the understanding that the CITY will share in a portion of the cost for the undergrounding pursuant to the terms outline in the Cost Share Agreement.

Fiscal Impact:

The proportionate share of the applicable costs will be distributed between CITY and DISTRICT not to exceed the amount of $705,345.85 (50% of the Preliminary 51 Opinion of Probable Cost, attached as Exhibit "B" within the Cost Share Agreement). Funds in the Wastewater Collections (502-432-100-714) will be adjusted to include this project in Fiscal Year 2024/25.

Reviewed by:

Jos Vanessa Portillo, Finance Director
Attachments:

Resolution
Proposed Cost Share Agreement
Scope of Work and Project Location Map Exhibit A of Cost Share Agreement
Summary of Costs- Exhibit B of Cost Share Agreement
52 RESOLUTION NO. ----

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS APPROVING A COST SHARE AGREEMENT

BETWEEN THE CITY OF LOS BANOS AND THE LOS

BANOS UNIFIED SCHOOL DISTRICT FOR PUBLIC

IMPROVEMENTS FOR THE EARLY LEARNING CENTER

B STREET DRAINAGE DITCH PROJECT
WHEREAS, the Los Banos Unified School District (herein "DISTRICT) plans to construct an Early Learning Center (herein "Project") at the southwest comer of Place Road and East B Street; and
WHEREAS, the City of Los Banos (herein "CITY") and DISTRICT find it is in the public interest to underground the current open ditch adjacent to the location of the planned Project to ensure its safety and functionality; and
WHEREAS, the CITY and DISTRICT desire to enter into the Cost Share Agreement to set forth the mechanism for establishing the fair share allotment of the costs of the Project in proportion to each party's share of the benefit of the project; and
WHEREAS, the proposed Cost Share Agreement sets forth the methodology to allocate the proportionate share of the applicable costs between the CITY and DISTRICT in proportion to the estimated benefit each will receive from the improvements; and WHEREAS, the DISTRICT has requested that the City enter into the proposed Cost Share Agreement; and
WHEREAS, the Finance Department will make appropriate budget adjustments to reflect this project in the FY 2024/25 budget; and
WHEREAS, THE CITY COUNCIL finds as follows:

A. The City Council finds and determines that the foregoing recitals are true and correct.

B. The facilities and improvements for which costs are sought is a public improvement which will be accepted by the City.

C. The facilities and improvements have the capacity and capability of serving and are designed to serve the public outside the Project due to supplemental size, capacity, number, or length of the facilities and improvements.

D. The facilities and improvements have a useful life beyond the term of the proposed Cost Share Agreement;
1 53
E. The methodology used to allocate the proportionate share of the applicable costs distributes the costs between the CITY and DISTRICT not to exceed the amount of $705,345.85 (50% of the Preliminary Opinion of Probable Cost, attached as Exhibit "B" within the Cost Share Agreement).

F. The proposed Cost Share Agreement is consistent with the General Plan.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, as follows:
l. Cost Share Agreement. The City Council hereby approves the Cost Share Agreement and authorizes the mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit "A" as approved as to form by the City Attorney.

2. Area of Benefit. The City hereby confirms the Area of Benefit and the Cost Distribution Summary for the facilities and improvements described as depicted on Exhibit A to the Cost Share Agreement, costs to be borne by the "DISTRICT" and included as reimbursable expenses. The fair share and allocation of benefits and liability are set out in Section No. 3 of the Cost Share Agreement.

3. Timing of Fee. The CITY shall pay its share of the Project Cost within forty-five (45) business days of receiving and approving a monthly progress invoice from the DISTRICT, provided the following conditions are met:

1. The detailed invoice sets for the cost of construction of all Project work based on the actual contract unit prices paid and negotiated change order(s) if any.

4. Amount of Fee. The amount of the fee shall be as set forth in Section No. 3 of the Cost Share Agreement.

5. Use of Fee. The fee shall be used solely for costs association with the construction of undergrounding the current open storm drainage ditch on B Strtet.

6. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days of the date of adoption of this resolution.

7. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a fee under the terms of the Cost Share Agreement shall be held invalid, such an invalidity shall not affect the other provisions of this resolution or other fees levied by this resolution which can be given effect without the invalid provisions or application of fees, and to this end the provisions of this resolution are declared to be severable.
2 54

8. Effective Date. This resolution shall take effect sixty (60) days after its passage, pursuant to Government Code section 66017(a).

9. Recordation. The City Clerk is hereby authorized and directed to record the fully executed Cost Share Agreement with the Merced County Recorder.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June, 2024, by Council Member __________ , who moved its adoption, which motion was duly seconded by Council Member ________ and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
3 55

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56 COST SHARING AGREEMENT BETWEEN

THE CITY OF LOS BANOS
AND

THE LOS BANOS UNIFIED SCHOOL DISTRICT

FOR THE EARLY LEARNING CENTER B STREET DRAINAGE DITCH PROJECT This Agreement (herein "Agreement") is made and entered into this _ day of _______ , 2024, (herein the "Effective Date") by and between the City of Los Banos, a California, municipal corporation (herein "CITY"), and Los Banos Unified School District, a Unified School District (herein "DISTRICT"). The CITY and DISTRICT may be referred to herein individually or collectively as the "Parties".

RECITALS
WHEREAS, DISTRICT plans to construct an Early Leaming Center at the southwest comer of Place Road and East B Street;
WHEREAS, CITY and DISTRICT find that it is in the public interest to underground the current open storm drainage ditch adjacent to the location of the planned Early Leaming Center (herein "Project") to ensure the safety and functionality of the planned Early Leaming Center; and
WHEREAS, the Parties desire to enter into this Agreement to set forth the mechanism for establishing the fair share allotment of the costs of the Project in proportion to each Party's share of the benefits of the Project.

In consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the parties, CITY and DISTRICT agree as follows:

AGREEMENT

1. Pro ject Description: The DISTRICT is planning to construct an Early Leaming Center at the southwest comer of Place Road and East B Street. The plan calls for the undergrounding of the open storm drainage ditch adjacent to the northern boundary of the planned Early Learning Center on CITY real property (APN 428-010-006). The DISTRICT has included the undergrounding of the open storm drainage ditch in the Project with the understanding that the CITY will share in a portion of the cost of the undergrounding pursuant to the terms of this Agreement.

The work to be performed under this Agreement is generally described in the document entitled "Preliminary Opinion of Probable Cost sated April 8, 2024, attached hereto as Exhibit A and incorporated herein by this reference.

2. DISTRICT's Obligations: DISTRICT agrees as follows:

A. To act as the lead agency to administer the design and construction of the Project.

Administration shall include preparation of specifications, contract documents and cost estimate; Coordination with various agencies; preparation of all necessary environmental documents; obtaining 57 permits; obtaining bids; awarding the construction agreement; administering the construction agreement providing materials control and inspection of services; and making progress payments to the contractor.

B. To provide CITY with final specifications and contract documents for the Project.

C. To pay DISTRICT's share of the Project cost. The total Project cost is defined as the actual amount paid to the contractor.

D. To cause the contractor to provide a warranty period of at least one (1) year from the acceptance date.

E. To cooperate with CITY should CITY raise any issues concerning contractor's work that requires correction.

3. CITY's Obligation: CITY agrees as follows:

A. To pay CITY's share of the Project cost to DISTRICT. CITY's share of the Project Cost is 50%, of the Project Cost, not to exceed amount of $705,345.85 (50% of the Preliminary Opinion of Probable Cost, attached hereto). Any changes to the scope of work as identified by DISTRICT or CITY that is beyond the Project description identified in this Agreement that may increase construction costs shall receive prior written approval and agreement on a funding plan from both DISTRICT and CITY. DISTRICT will not authorize its contractors to perfonn work which would result in any additional cost above and beyond the agreed amount as set forth in this Agreement without prior agreement and written approval from CITY.

B. To pay its share of the Project Cost within forty-five (45) business days ofreceiving and approving a monthly progress invoice from DISTRICT, provided that the following conditions are met:
i. The detailed invoice sets forth the cost of construction of all Project work based on the actual contract unit prices paid and negotiated change order( s ), if any.

4. Parties Review of Construction Scope, Schedule and Budget: Prior to initiating construction, CITY shall have a reasonable opportunity to review and approve the scope, schedule, and budget of the Project. The approved budget for the Project shall include a ten percent (10%) contingency to allow for appropriate flexibility for contract management by the DISTRICT. Change orders and amendments that exceed ten percent (10%) shall require approval by the CITY. In no such event shall the CITY share of the Project Cost exceed $705,345.85 except as provided for in Section 3 .A to this Agreement.

5. Term of Agreement: Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be one (1) year from the Effective Date or until the Project acceptance by both parties and final payments of all outstanding balances.

6. Ownership: Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the Project will automatically be vested in CITY, and all materials, equipment and appurtenances installed as a part of the Project will be vested in CITY, and no further agreement will be necessary to transfer ownership. 58 7. Contractor/Independent Contractor: Any contractor(s) hired by either Party to perform the work included in the Project shall not be an agent or employee of either Party and will perform such work as an independent contractor. All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the Project shall not be employees of either Party in any respect.

8. Prevailing wages: City understands and agrees that construction of the Project is subject to the prevailing wage requirements contained in California Labor Code§§ 1720 et seq.

9. Termination: Once DISTRICT has awarded the construction contract for the Project, the Agreement can be terminated only upon the mutual written consent and terms acceptable to both parties.

10. Indemnification: Parties agree to defend and indemnify the other party, its agents, board members, directors, officers and employees ("Indemnities") and hold them harmless from all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements of any kind (including, without limitation, reasonable attorneys' fees, costs and disbursements of counsel for the other party) which may be imposed on, incurred by, or asserted against any Indemnities at any time by reason of the party's act or omission in performance of or in connection with the Project or any of the transactions contemplated under this Agreement, unless due to the active negligence or willful misconduct of the other party, its agents, board members, directors, officers and employees. The provisions of this section shall survive any termination or expiration of this Agreement.

11. Relationship Between the Parties: The Parties hereby mutually agree that this Agreement, the acceptance of the Project improvements by CITY shall not operate to create the relationship of partnership, joint venture, or agency between CITY and DISTRICT. DISTRICT' s contractors and subcontractors are exclusively and solely under the control and dominion of DISTRICT. Nothing herein shall be deemed to make DISTRICT or its contractors an agent or contractor of CITY.

12. Warranty: DISTRICT warrants all work performed by DISTRICT or its contractors and subcontractors related to the Project to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work performed on the Project, whether express or implied, are deemed to be obtained by DISTRICT for the benefit of the CITY, regardless of whether or not such warranties and guarantees have been transferred or assigned to the CITY by separate agreement.

13. Entire Agreement: This Agreement contains the entire agreement between the Parties with respect to the matters herein provided for.

14. Lien Releases: DISTRICT warrants that all labor and materials furnished by all contractors and subcontractors performing work on, or furnishing materials for, the Project have been paid in full. The CITY shall have no responsibility for payment to any contractor, subcontractor or supplier of the DISTRICT for labor and materials furnished in connection with the construction of the Project. DISTRICT agrees to defend and indemnify CITY from any such claims.
59 15. No Propertv Interest Created. This Agreement does not create any interest for either Party in any property owned or maintained by the other Party, and is not coupled with any property interest or other interest.

16. Record Drawings: Upon request DISTRICT shall provide CITY with one electronic file and one mylar copy ofrecord drawings with certification by a licensed engineer in the State of California as to accuracy and completeness.

17. Amendments: This Agreement can only be amended by an instrument in writing executed and delivered by the CITY and the DISTRICT.

18. Waivers: No waiver of, or consent with respect to, any provision of this Agreement by a Party hereto shall in any event be effective unless the same shall be in writing and signed by such Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.

19. No Third Party Beneficiaries: No person or entity, other than the CITY, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement ( either express or implied) is intended to confer upon any person or entity, other than the CITY and the DISTRICT (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.

20. Notices: Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the Party entitled thereto at its address set forth below, or at such other address as such Party may provide to the other Party in writing from time to time, namely:

CITY OF LOS BANOS
City Manager
520 J Street
Los Banos, CA 93635

LOS BANOS UNIFIED SCHOOL DISTRICT
Superintendent
1717 S. 11th Street
Los Banos, CA 93635
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the Party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, ( c) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or ( d) if given by any other means, upon delivery at the address specified in this Section.

21. Jurisdiction and Venue: Each of the Parties (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in the Superior Court of California, County of Merced, (b) consents to the jurisdiction of such court in any suit, action or proceeding, and ( c) waives any objection that it may have to the laying of venue or any suit, 60 action or proceeding in such court and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the Parties agrees that a final and non-appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

22. Attorneys' Fees: If any action is instituted to interpret or enforce any of the provisions of this Agreement, the Party prevailing in such action shall be entitled to recover from the other Party thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment.

23. Law: This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

24. Usage of Words: As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine

25. Board Approval.: The effectiveness of this Agreement shall be contingent upon approval by the District's Governing Board.

26. Interpretation: The Parties to this Agreement and their counsel have reviewed and revised this Agreement, and the normal rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting Parties shall not be employed in the interpretation of this Agreement.

27. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original.

LOS BANOS UNIFIED SCHOOL DISTRICT
By: _ ___________ _ _

CITY OF LOS BANOS
a municipal corporation
By: _______________ _
Date
Date
61 ATTEST:

By: _______________ _
Lucille L. Mallonee, City Clerk
Date
APPROVED AS TO FORM:

By: _______________ _
William A. Vaughn Date
62 EXHIBIT "A"

SCOPE OF WORK AND PROJECT LOCATION MAP
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PRELIMINARY SITE PLAN FOR:

EARLY EDUCATION CENTER
&VtlDING "E" =:I
~

LOS BANOS UNIFIED SCHOOL DISTRICT
EAST "B" STREET AND PLACE ROAD

LOS BANOS, CALIFORNIA
--------------- -------- - -- - - --- ---- - - IN8T .. ll ,C'IIDA4"'- Pll"l>C,,r,T O,U.- OfJDl•-'tO
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64 EXHIBIT "B"

PRELIMINARY OPINION OF PROBABLE COST
65 BENCHMARK

ENGINEERING

PRELIMINARY OPINION OF PROBABLE COST
FOR

ITEM DESCRIPTION
A. SITE PREPARATION

1. MOBILIZATION

2. CLEARING & GRUBBING

TK SHARED OFF-SITE COSTS

LBUSD AND CITY OF LOS BANOS

LOS BANOS, CA
UNIT QUAN.

LS
LS

3. REMOVE EXISTING HEADWALL STRUCTURES EA

4. BACKFILL EXISTING EARTHEN CANAL LS

SUB-TOTAL
B. STORM DRAIN

1. 42" RCP LF 1,784

2. HEADWALL STRUCTURE LS 1

3. CONNECT TO EXISTING 42" RCP LS

SUB-TOTAL
C. MISCELLANEOUS

1. LANDSCAPING/IRRIGATION SF 36,921

2. EROSION CONTROL LS 1

SUB-TOTAL

UNIT PRICE
$20,000.00
$5,000.00
$12,000.00
$20,000.00
$500.00
$50,000.00
$15,000.00
$7.00
$10,000.00
ON-SITE SUB-TOTAL------------>
10% CONTINGENCY============>
CONSTRUCTION TOTAL------------>
NOTE:

JOB #248003
April 8,2024
AMOUNT
$20,000.00
$5,000.00
$12,000.00
$20,000.00
$57,000.00
$892,000.00
$50,000.00
$15,000.00
$957,000.00
$258,447.00
$10,000.00
$268,447.00
$1,282 ,447.00
$128,244.70
$1 ,410,691 .70

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY

REVIEWED BY
IG
MR
66 City of Los Banos
At the Crossroads <.~f California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P. E., Public Works Di rec
DATE: June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the SR-152 Signal Synchronization, Federal-Aid Project No.

CML-5160(028) as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:

That the City Council adopt the Resolution to:

1. Accept the construction of the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) as completed; and

2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and

3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

Background:

The Los Banos SR-152 Safety Task Force was established in 2019 and began to hold monthly meetings in an effort to make SR-152 through the City of Los Banos, a more efficient and safe roadway.

Through these meetings, as well as Caltrans and the City of Los Banos technical staff work group meetings, a listing of interim and mid-term safety enhancing/congestion relieving improvements have been proposed to be implemented.

One of the projects that the Safety Task Force identified was the SR-152 traffic signal synchronization. This project would synchronize the fourteen (14) traffic signal locations, 67 within a 5-mile stretch of SR-152 through the City of Los Banos, using a wireless traffic signal interconnect system. Signal locations are as shown below:
1 Merced College Entrance (PM 17. 79) 8 11th Street (PM 20.99) 2 Badaer Flat Road (PM 18. 80) 9 H & I Streets (PM 21.05) 3 Ortiga/ita Road (PM 19.26) 10 Mercey Springs Rd/SR-165 (PM 21.27) 4 West I Street (PM 19. 65) 11 Miller Lane (PM 21.65)
5 4th Street (PM 20.33) 12 Place Road (PM 21. 76)
6 6th Street (PM 20. 45) 13 Home Depot (PM 21.90)
7 7th Street (PM 20.59) 14 Ward Road (PM 22.22)
Discussion:

City of Los Banos staff along with the consulting firm, Gouveia Engineering, Inc., (Gouveia) prepared a Congestion Mitigation and Air Quality (CMAQ) grant application for the synchronization project and submitted it to the Merced County Association of Governments (MCAG) on June 3, 2020. The grant application was for a requested amount of $100,000.00 for engineering and $800,000.00 for construction, a total of $900,000.00.

The CMAQ Committee approved the grant application on June 17, 2020.

The major work consisted of the synchronization of 14 traffic signal locations within a 5 mile stretch of the SR-152 corridor in the City of Los Banos using a wireless traffic signal interconnect system.

The City Council awarded the construction contract on July 19, 2023 to St. Francis Electric, LLC. in the amount of $495,000.00 with a 10% contingency in the amount of $49,500.00.

The contract was suspended on August 23, 2023 due to lead times on material procurement, for a total suspension of 222 days. There was one change order for this project. Change Order #1 consisted of adding an additional 10 days to the contract time due to coordination of completing punch list items by the contractor, and 3 additional days due to unfavorable weather conditions. Total construction cost for this project remained the same as the original contract price of $495,000.00.

On June 10, 2024, the City was notified by consulting firm, Gouveia Engineering, Inc. that St. Francis Engineering, Inc. has completed the scope of work in their contract, and the project was ready for a Notice of Completion to be issued. The completion of the actual software synchronization will be done by, lteris, Inc. (a subcontractor of Gouveia Engineering, Inc.), with the coordination of Caltrans Electrical Team, to be completed by August 2024, and is not a part of the St. Francis Electric, LLC contract.

Fiscal Impact:

The SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) project was funded from the Traffic Impact Fee fund 230-430-220-231, including the installation of hardware and programming of software, which is reimbursed from CMAQ grant funding. 68 Reviewed by:

Josh Vanessa Portillo, Finance Director
Attachments:

Resolution
Notice of Completion
69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE
SR-152 SIGNAL SYNCHRONIZATION,
FEDERAL-AID PROJECT NO. CML-5160(028)

AS COMPLETE AND AUTHORIZING THE

FILING OF A NOTICE OF COMPLETION WITH

THE MERCED COUNTY RECORDER
WHEREAS, on June 27, 2023 the City of Los Banos received competitive bids for the construction of the SR-152 Signal Synchronization, Federal-Aid Project No.

CML-5160(028); and
WHEREAS, on July 19, 2023 the City Council awarded the Construction Contract St. Francis Electric, LLC. for the construction of the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028); and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept SR-152 Signal Synchronization, Federal-Aid Project No.

CML-5160(028); as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO.

CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 10th day of June, 2024, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was ____________ _ St. Francis Electric, LLC.
(If no contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the _____ C=ity,-=.o=fL=os"-'B=an=o=s __________ _ County of Merced State of California, and is described as follows:
"Construction of SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028)" The major work consisted of the synchronization of 14 traffic signal locations within a 5 mile stretch of the SR-152 corridor in the City of Los Banos using a wireless traffic signal interconnect system.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: --------------------

ACKNOWLEDGMENT
73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 LOsBanos
d o alifo, ni
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Direct
DATE: June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Recommendation:

That the City Council adopt the Resolution to:

1. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. (Carollo) for the Storm Drain System Master Plan Update.

Background:

The current Storm Drain System Master Plan was completed in September 2008 and amended in March 2010 by Carollo. The Storm Drain Master Plan is a comprehensive document that outlines the City stormwater management system and provide guidance for the design, construction, operation, and maintenance of stormwater infrastructure, including storm drains, catch basins, retention ponds, and other related facilities. The Storm Drain Master Plan typically includes an inventory and assessment of existing stormwater facilities, an analysis of current and future drainage needs, and recommendations for improvements to the stormwater system.

On January 11, 2023, the City released a Request for Proposals soliciting the services of a qualified consultant to update the City's Storm Drain System Master Plan and on May 17, 2023, City Council adopt resolution 6634 entering into a Professional Services Agreement with Carollo Engineers, Inc.

Discussion:

Carollo is currently working with the City to update its Storm Drain System Master Plan (Master Plan Update). The Master Plan Update will provide the City with recommended 75 improvements to mitigate existing localized flooding, as well as providing recommended infrastructure to serve future areas. The City is interested in developing a water resource management strategy for stormwater generated within their service area in the future.

Given the recent passage of the State's Sustainable Groundwater Management Act (SGMA-Assembly Bill 1739, Senate Bills 1168, and 1319) passed in 2014 and the recent water regulations pertaining to nitrates, salts, chromium 6, and polyfluoroalkyl substances (PFAS) in water aquifers, developing new methods to finding, capturing and managing sources of water are needed. These new regulations have the potential to adversely affect the present and future of Los Banos. Developing new methods for managing existing water resources, i.e. adding this amendment to the Storm Drain Master Plan, will be a significant advancement to the City's water future.

Carollo provided the City with a proposal to conduct a Stormwater Operations Evaluation that will provide the City with a Technical Memorandum that will present information on the identification, development, and assessment of stormwater management options. The fee for the additional scope of work is $44,600.00.

Fiscal Impact:

This project has sufficient funds budgeted in account 502-432-100-735 and has been appropriated in the fiscal year budget 2024/2025.

Reviewed by:

Vanessa Portillo, Finance Director
Attachments:

Resolution
First Amendment
76 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC. FOR THE STORM DRAIN
SYSTEM MASTER PLAN UPDATE.

WHEREAS, City and Consultant entered into a professional services agreement dated May 20, 2023 ("Agreement") regarding preparation of a Storm Drain System Master Plan Update; and
WHEREAS, City and Consultant desire to amend the Agreement to include the preparation of a preliminary Stormwater Operations Evaluation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. (Carollo) for the Storm Drain System Master Plan Update.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
[Carollo Engineers, Inc.]
THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into this _ day of _ __ 2024, by and between the City of Los Banos, a California municipal corporation (herein referred to as "City") and Carollo Engineers, Inc., a Deleware corporation (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City and Consultant entered into a professional services agreement dated May 20, 2023 ("Agreement') regarding preparation of a Storm Drain System Master Plan Update; and
B. WHEREAS, City and Consultant desire to amend the Agreement to include the preparation of a preliminary Stormwater Operations Evaluation.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. Scope of Services. The scope of services shall be amended to include additional work as set forth in Consultant's Stormwater Operations Evaluation Proposal dated May 14, 2024 attached hereto as Exhibit A and incorporated herein by this reference.

2. Compensation. Consultant's additional compensation for all work performed in accordance with this First Amendment for additional work, including all reimbursable items and sub Consultant fees, shall not exceed $44,600.00 as set forth in Consultant's Storm water Operations Evaluation Proposal dated May 14, 2024 unless authorized in writing by the City.

3. Entire Agreement. All of the terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect.

Ill
Ill
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1 79
Ill
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates set forth below.

Date: _____ _, 2024
Date: ______ , 2024
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
2 CAROLLO ENGINEER'S INC .. a
Deleware corporation
by:

Title:

CITY OF LOS BANOS, a California
municipal corporation
by:

Title:
80 Exhibit A
[Consultant's Stormwater Operations Evaluation Proposal dated May 14, 2024] 3 81

THIS PAGE IS INTENTIONALLY LEFT BLANK
82 <ecarollo·
May 14, 2024
Charles Bergson, P.E.

Public Works Director/City Engineer
City of Los Banos
411 Madison Ave.

Los Banos, CA 93635
Subject: Stormwater Operations Evaluation Proposal
Dear Mr. Bergson:
1401 Fulton Street, Suite 802
Fresno. California 93721
P 559-436-6616
carollo.com
In accordance with your request, Carollo Engineers, Inc., (Carollo) is pleased to provide the City of Los Banos (City) with the following scope and fee estimate to complete a preliminary Stormwater Operations Evaluation.

Introduction
Carollo is currently working with the City to update its Storm Drain System Master Plan (Master Plan Update). The Master Plan Update will provide the City with recommended improvements to mitigate existing localized flooding as well as providing recommended infrastructure to serve future areas. However, the City is interested in developing a high-level management strategy for stormwater generated within their service area in the future.

This management strategy is likely to consist of replacing the smaller stormwater detention basins throughout the City with one or two large detention basins on the outer limits. Also, the City is re-negotiating its existing contract with Central California Irrigation District (CCID) and the Grassland Water District, which will also have impacts on the City's stormwater management approach.

Our preliminary scope of work is provided below.

Scope of Work
Task 1 - Meetings, Workshops, and Project Management
Carollo will prepare for and attend up to three virtual meetings, including one Project kick-off meeting and up to two meetings to review progress. Carollo will prepare and distribute brief meeting minutes summarizing meeting discussion, decisions, and action items. Carollo will also perform project management tasks, including coordinating with the City, monitoring the project schedule and budget, and preparing and delivering monthly invoicing with status updates.

Task 2 - Stormwater Management Options
Based on the outcome of the Kickoff and Brainstorming Workshop, Carollo will further develop up to three stormwater management concepts.

In advance of the Stormwater Concepts Workshop, Carollo will:
• Develop refined concept descriptions, including a conceptual layout and approximate range of potential stormwater capture volume.
• Characterize the opportunities and challenges associated with each concept. 83 Charles Bergson, P.E.

City of Los Banos
May 14, 2024

Based on feedback from the Stormwater Concepts Workshop, Carollo will:
• Refine the descriptions of the concepts and opportunities and challenges associated with the concepts. • Develop an overall implementation approach and identify key actions.

Task 3 - Hydraulic Model Evaluation
Carollo will use the City's current storm drain hydraulic model to evaluate the concepts developed in Task 2 to help refine the recommended size/capacity, alignment, and location of major storm drainage system facilities.

Carollo will review the results of the model evaluation with City staff, prepare planning level costs associated with the concepts, and will provide a recommendation for which concepts, if any should be carried forward into the City's storm drainage system capital improvement plan (CIP) as part of the ongoing Storm Drain Master Plan.

Task 3 - Technical Memorandum
Work completed as part of Tasks 1 through 3 will be summarized in a draft Technical Memorandum (TM). The document will present information on the identification, development, and assessment of stormwater management options. The draft TM will include recommendations for next steps to address outstanding issues associated with each concept. Carollo will prepare the Final TM based on review and comments provided at the Draft TM review workshop.

Schedule and Fee Estimate
Carol Io's estimated fee to complete this Scope of Work is $44,600. The draft TM will be submitted within two months of notice to proceed, assuming timely scheduling of workshops and City feedback on concepts needed to prepare the TM. A final TM will be submitted two weeks after the City's final comments have been received.

Please let me know if you have additional questions or comments on the proposed scope of work, fee, or schedule.

Sincerely,
CAROLLO ENGINEERS, INC.
r?-0,)&9
Ryan Orgill, P.E.

Associate Vice President
RO:do
84 STORMWATER OPERATIONS EVALUATION
City of Los Banos
.c.carollo·
s314 s275 s240 s240 $147
,Task 1- Meetings, ~orkshop_s, ~~d ~roj~t Management -2 0 0 8 0 0 18 $4,900 s3_~0 S?,200 t!!;_k 2 - ~tor~w~t~! Ma.nag_e_m~nt Options 0 8 0 40 8 0 58 s14,500 ! ~9?0 S15_1400 ~k ~ - Hydraulic Model Evalua~ion 0 0 8 0 40 0 52 $12,9<:_0 s8oo s131700 iTask 4- Te_chnical Memorandum 0 0 ~,. 4 e -~ sg,700 •6oo S. l0.1.JOO Notes:
(1) Other direct expenses include mileage travelling to/from meetings at IRS Federal Rate, reproduction at cost plus 5%, and Project Equipment and Communication Expense billed at S15.oo per hour.
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 LOsBanos
t th d
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/Ci
DATE: June 19, 2024
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2021-01 Quail Meadows- Villages at Stonecreek V Phase 1, Unit 1 Final Map
Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2021-01 Quail Meadows- Villages at Stonecreek V Phase 1, Unit 1 Final Map.

Background:

The Tentative Tract Map No. 2021-01 was approved by the City of Los Banos Planning Commission on December 08, 2021 by Resolution No. 2021-16. In August 2023, the Public Works staff was contacted by, Lodi Development, Inc., a California Corporation, for Final Map approval. The Final Map has been reviewed and found complete by the City's consulting firm .

Discussion:

The subject is generally located within the area bounded by Highway 152 to the North, future Pioneer Rd to the West, Prairie Springs Drive to the East, and Cardoza Road to the South, more specifically identified as Assessor Parcel Numbers 430-010-060, 430- 010-061, 430-010-065, 430-010-066, 430-010-067, 430-010-069, 430-010-070. The applicant is Lodi Development, Inc., a California Corporation. The map consists of a total of 72 lots on 29.38.± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2021-01. The attached Resolution contains Exhibit A:

Development Legal Description and Exhibit B: Final Map. Additional attached 87 documents include a Site Map, Tentative Map and the Subdivision Improvement Agreement containing Exhibit A: Cost Estimate for 72 Residential Lots, Exhibit B: Cost Estimate for Catherine Hostetler Blvd formerly Stonecreek Blvd, and Exhibit C:

Conditions of Approval.

Fiscal Impact:

All required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Attachments:

Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Subdivision Improvement Agreement
Exhibit A Cost Estimate for 72 Residential Lots
Vanessa Portillo, Finance Director
Exhibit B Cost Estimate for Catherine Hostetler Blvd formerly Stonecreek Blvd Exhibit C Conditions of Approval
Vesting Tentative Map
88 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2021-01

QUAIL MEADOWS VILLAGES AT STONECREEK
V PHASE 1, UNIT 1.

WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 Final Map and accompanying Subdivision Improvement Agreement: and WHEREAS, the single-family residential subdivision consists of 72 lots on 29.38± acres; and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:

1. Final Map is in substantial compliance with Tentative Map No. 2021-01.

2. All required processing, development, plan check, and inspection fees to date have been paid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June, 2024, by Council Member ___ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT: APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 Exhibit A

LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of California, described as follows:

PARCEL ONE:

PARCELS D, I AND K, INCLUSIVE, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO: 2021- 01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", FILED FOR RECORD SEPTEMBER 26, 2023, IN VOL. 86 OF OFFICIAL PLATS AT PAGES 28-33, MERCED COUNTY OFFICIAL RECORDS.

PARCEL TWO:

A TEMPORARY ACCESS EASEMENT OVER PARCELS H AND I FOR THE BENEFIT OF PARCELS D AND K AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO: 2021-01 STONECREEK AT LOS BANOS THE VILLAGES V - LARGE LOT FINAL MAP", FILED FOR RECORD SEPTEMBER 26, 2023 IN VOL. 86 OF OFFICIAL PLATS, AT PAGES 28-33, MERCED COUNTY OFFICIAL RECORDS UNTIL SUCH TIME PARCELS H AND I ARE DEDICATED TO THE CITY AS PUBLIC RIGHTS-OF WAY.

APN(S): 430-010-024-000 (PORTION OF PARCEL I),
430-010-026-000 (PORTION OF PARCEL I AND K),
430-010-027-000 (PORTION OF PARCELS D, I AND K),
430-010-035-000 (PORTION OF PARCELS D, I AND K) AND
430-103-004-000 (PORTION OF PARCEL D).

First American Title

91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 OWNER'S STATEMENT

WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP;

THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY: AND THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:

1. TO THE CITY OF LOS BANOS FOR PUBLIC RIGHT-OF-WAY PURPOSES, THOSE PORTIONS OF SAID

LANDS DESIGNATED ON SAID MAP AS DEL MAR COURT, DEL MAR DRIVE, ESTERO COURT, ESTERO DRIVE, HERMOSA COURT, SOLANA DRIVE, SOU MAR DRIVE AND CATHERINE HOSTETLERBOULEVARD.

2. TO THE CITY OF LOS BANOS, IN FEE, LOT A FOR PURPOSES OF OPEN SPACE, INCLUDING PUBLIC

UTILITIES, STORM DRAIN FACILITIES, SANITARY SEWER FACILITIES, FENCE MAINTENANCE AND APPURTENANCES THERETO, FOR THE BENEFIT OF THE PUBLIC, AS SHOWN ON THIS FINAL MAP.

THE REAL PROPERlY DESCRIBED BELOW ARE DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES:

1. A NON-EXCLUSIVE EASEMENT TO THE CITY OF LOS BANOS, TOGETHER WITH THE RIGHT TO

CONSTRUCT, RECONSTRUCT, REPAIR AND MAINTAIN, POLES, WIRES, CABLES, PIPES, AND CONDUITS

AND THEIR APPURTENANCES UPON, OVER AND UNDER THE STRIPS OF LAND DESIGNATED AS "P,U.E." (PUBLIC UTILllY EASEMENT) AS SHOWN ON THIS FINAL MAP. 2 A NON-EXCLUSIVE EASEMENT TO THE CllY OF LOS BANOS, FOR PURPOSES OF REPAIR AND MAINTENANCE OF THE SOUND WALL FOR THE AREAS DESIGNATED AS 'W.E." (WALL EASEMENT) ALONG LOTS 1 THROUGH 9, 46,47, AND 50 THROUGH 57, AS SHOWN ON THIS FINAL MAP.

WE ALSO RELINQUISH TO THE CITY OF LOS BANOS ALL ACCESS RIGHTS OF LOTS 1 THROUGH 6, 46, 47, AND 50 THROUGH 57 TO AND FROM CATHERINE HOSTETLER BOULEVARD AND ALONG THE NORTHERLY BOUNDARY LINE OF LOTS 9, 10, 11, 16, 17, 18, 25AND 26, SHOWN AS .LL.LL.LL ON THIS FINAL MAP.

THE UNDERSIGNED HEREBY RESERVES PARCELS 1 AND 2 FOR FUTURE DEVELOPMENT.

OWNERS:

STONECREEK SOUTH PARTNERS, LP, A CALIFORNIA LIMITED PARTNERSHIP AS TO PARCEL K BY: ANDERSON HOMES
ITS: GENERAL PARTNER
BY:

DATE
NAME: ___________ (PRINT NAME)
ITS: ___________ (TITLE)

ANDERSON HOMES, A CALIFORNIA CORPORATION AS TO PARCEL D AND PARCEL I BY:

DATE
NAME: ___________ ,(PRINT NAME)
ITS: ___________ ,(TITLE)

NOTARY STATEMENT (OWNER)

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTilY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDllY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF _____ _
ON (~DA~T~E) _____ BEFORE ME, A NOTARY PUBLIC,
PERSONALLY APPEARED ___ ~~~~~----------
{NAME OF SIGNER(S)}
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY{IES), AND THAT BY HIS/HERffHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON($), OR THE ENTllY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
___________________ ,NOTARY PUBLIC
PRINT NAME· ______________ _
COMMISSION NUMBER:

COMMISSION EXPIRES: ___________ _ ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATION {COUNlY)
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I AND PARCEL
K OF TRACT NO. 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

WEST PACHECO ROAD
HWY .33 & 152

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
..-DELL
ENGlNEEf'i:lNG
1165ScenicDrive,SuiteA
Modesto,CA95350
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PLANNING COMMISSION STATEMENT:

CARDOZA ROAD
~
~ ~
I, STACY SOUZA ELMS, COMMUNllY & ECONOMIC DEVELOPMENT DIRECTOR FOR THE CllY OF LOS BANOS, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V-PHASE 1, UNIT 1, AND THAT THE SUBDIVISION IS

SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CllY PLANNING COMMISSION ON THE 18TH DAY OF JANUARY, 2022, AND THAT THIS FINAL MAP OF "TRACT NO: 2021--01, CATHERINE HOSTETLERAT LOS BANOS, THE VILLAGES V-PHASE 1, UNIT 1, COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION.

DATED THIS DAYOF _____ , 2024.

BY: _________________ _ STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR

CITY OF LOS BANOS
CITY CLERK'S STATEMENT:

I, LUCILLE L MALLONEE, CllY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, DO HEREBY STATE THAT AT THE REGULAR MEETING OF THE CllY COUNCIL OF THE CllY OF LOS BANOS, STATE OF CALIFORNIA, HELD ON THIS DAY OF , 2024. THE HEREIN EMBODIED FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V-PHASE 1, UNIT 1", WAS APPROVED AND THAT SAID CllY COUNCIL ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE OFFER OF DEDICATION IN EASEMENT OF All PUBLIC UTIUlY EASEMENTS (P.U.E.) AND THE WALL EASEMENTS (W.E.), ALL AS SHOWN ON THIS FINAL MAP; ACCEPTED THE OFFER OF OEOlCATION IN FEE OF LOT A AND THE STREET RIGHTS-OF-WAY AS SHOWN ON THIS FINAL MAP; AND ACCEPTED THE RELINQUISHMENT OF ACCESS RIGHTS OF LOTS 1 THROUGH 6, 9, 10, 11, 16, 17, 18, 25, 26, 46, 47 AND 50 THROUGH 57 AS SHOWN ON THIS FINAL MAP. SAID APPROVAL 1S SUBJECT TO IMPROVEMENTS.

DATED THIS OAYOF _____ 2024.

BY ______________ _

LUCILLE L MALLONEE, CITY CLERK

CITY OF LOS BANOS

SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF STONECREEK PROPERTIES, IN NOVEMBER OF 2021. I HEREBY

STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT ALL THE MONUMENTS SHOWN HEREON WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED BEFORE DECEMBER 30TH, 2024. AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATED THIS DAY OF _____ , 2024.

BY: _ D~YL~ A~N~C~R-•w- F-O~R-D.-P-.L.-s.-, ~,.-,----
CITY ENGINEER'S STA . .:.T=E'-"M=E'-' N-'-' T::.__ ____ _ I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V • PHASE 1, UNIT 1", AND STATE THAT THE SUBDIVISION AS

SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND

ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE CALIFORNIA

SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.

DATED THIS DAY OF
BY __________ _
CHARLES L BERGSON, R.C.E. 34347
CllY ENGINEER
CITY SURVEYOR'S STATEMENT:
2024.
----------- 1 HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2021-01, STONECREEK AT LOS BANOS, THE VILLAGES V- PHASE 1, UNIT 1", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.

DATED THIS DAY OF ____ ,2024,
BY; - A-NN-E~-S~O~PH~,,~r=e-u~ON- G~.~PL~S~89~9~8 - -

ACTING CITY SURVEYOR

RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 1213
THE PROPERlY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICINllY OF LAND

UTILIZED FOR AG RIC UL TURAL PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE

SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE USE OF AGRICULTURAL

CHEMICALS, INCLUDING BUT NOT LIMITED TO, PESTICIDES AND FERTILIZERS, AND FROM THE

PURSUIT OF AGRICULTURAL OPERATIONS INCLUDING, BY NOT LIMITED TO, PLOWING,

SPRAYING AND BURNING WHICH OCCASIONALLY MAY GENERATE DUST, SMOKE, NOISE, AND ODOR.

THE COUNTY OF MERCED HAS ESTABLISHED AGRICULTURE AS A PRIORITY USE IN

AGRICULTURAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC URBAN

DEVELOPMENT PLAN (SUDP) BOUNDARY, RURAL RESIDENTIAL CENTER (RAC) BOUNDARY,

HIGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRICULTURAL SERVICE CENTER {ASC) BOUNDARY, AND RESIDENTS OF PROPERlY IN THE VICINllY OF SUCH AGRICULTURAL

ZONES SHOULD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL, NECESSARY AGRICULTURAL OPERATIONS.

COUNTY RECORDER'S STATEM=-ENc..:.T.;.__ _____ _
FILED THIS DAYOF , 2024,AT O'CLOCK,_M.IN

VOL OF OFFICIAL PLATS, AT PAGES , AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY.

FEE$
MATT H. MAY, RECORDER

MERCED COUNTY, CALIFORNIA
VOL
:;~•~,s=rA~N=r,=o~,e~u=TY~R-E~c~oe~o=, -e---
PAGE SHEET 1 OF 8
93 NOTARY STATEMENT (OWNER)

A NOTARY PUBL IC OR- OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOI THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF _____ _
ON _______ BEFORE ME, A NOTARY PUBLIC,
(DATE)
PERSONALLY APPEAAE ----~~~~---------- {NAME OF SIGNER{S)} WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON{$) WHOSE

NAME(S) JS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.
______ , NOTARY PUBLIC
PRINT NAME: ______________ _
COMMISSION NUMBER: ____________ _
COMMISSION EXPIRES: ( DO NOT STAMP)
PRINCIPAL OFFICE LOCATION (COUNTY): _______ _
SIGNATURE OMISSIONS:

PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED:

1. EXISTING DITCHES AND RIGHT TO CONSTRUCT DITCHES AS NEEDED IN FAVOR OF MILLER & LUX INCORPORATED PER BOOK 116 0.R. PAGE 438 ANO BOOK 142 O.R. PAGE 36, MERCED COUNTY RECORDS,

2. AGREEMENT RE: EASEMENTS AND COVENANTS BETWEEN ANDERSON TRUST AND KENNETH R. SADLER PER DOCUMENT NO. 2020-021789, MERCED COUNTY RECORDS.

TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I AND PARCEL
K OF TRACT NO. 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

VOL

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
"' ELL
ENGlNEE-RlNG
1165ScenicDrive,SuiteA
Modesto, CA 95350
Ph 209.571.1765 odellengineering.com
PAGE SHEET 2 OF 8
94 NOTES

1. THIS SUBDIVISION CONTAINS A TOTAL OF 29.389 ACRES, MORE OR LESS.

2. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. ALL FOUND MONUMENTS ARE ACCEPTED UNLESS OTHERWISE NOTED.

MONUMENT NOTES
FOUND MONUMENT PER {R6), ------------ 3/4" IP W/ PLASTIC PLUG "PLS 7788 , UNLESS

OTHERWISE NOTED
@ FOUND 3/4" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN MONUMENT WELL,

UNLESS OTHERWISE NOTED

REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
(R1) VOLUME 79 OF OFFICIAL PLATS, PAGES 26-31 M.C.R.
(R2) VOLUME 109 OF PARCEL MAPS, PAGES 44-45, M.C.R.
(R3) VOLUME 28 OF SURVEYS, PAGES 9-12, M.C.R.
(R4) VOLUME 99 OF PARCEL MAPS, PAGES 9·10, M.C.R.
(RS) VOLUME 29 OF PARCEL MAPS, PAGE 20, M.C.R.
(RS) VOLUME 86 OF OFFICIAL PLATS, PAGES 28-33, M.C.R.
{R7} VOLUME 57 OF SURVEYS, PAGE 11, M.C.R.
{RB) VOLUME 3 OF SURVEYS, PAGE 20, M.C.R.

BASIS OF BEARINGS
N89°54'39"E BEING THE BEARING OF THE LINE BETWEEN MERCED COUNTY GPS PT. 1023 AND MERCED COUNTY GPS PT. 1024 (R3). BEARINGS AND DISTANCES ARE BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE Ill NAD 83(1986). TO GET GROUND DISTANCES Mll_TIPLY GRID DISTANCES SHOWN BY 1.0000016.

CERTIFICATE OF DEDICATION
THE FOLLOWING REAL PROPERTY IS DEDICATED BY ANDERSON HOMES, A CALlfORNIA CORPORA TlON, AS FOLLOWS:
1) LOT A, FOR PURPOSES OF OPEN SPACE, PUBLIC UTILITIES AND FENCE MAINTENANCE. 2) LOT B, FOR PURPOSES OF OPEN SPACE, PUBLIC UTILITIES AND FENCE MAINTENANCE 3) THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAP AS DEL MAR COURT, DEL MAR DRIVE, ESTERO COURT, ESTERO DRII/£, HERMOSA COURT, SCX..ANA DRIVE, SOLIMAR DRIVE AND

CATHERINE HOSTETLER BOULEVARD
THE CITY OF LOS BANOS SHALL RECONVEY THE PROPERTY TO THE SUBOIV1DER IF THE aTY MAKES A DETERMINATION THAT PURSUANT TO GOVERNMENT CODE SECTION 66477.5 THE SAME PURPOSE FOR WHICH THE PROPERTY WAS DEDICATED DOES NOT (":IST.

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STONECREEK AT LOS BANOS
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BEING A SUBDIVISION OF PARCEL D, PARCEL I, AND PARCEL
K OF TRACT NO, 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E,, M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
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LEGEND AND ABBREVIATIONS

SUBDIVISION BOUNDARY LINE

CENTERLINE

EASEMENT LINE
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PARCEL K

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(M-M)
M.C.R
N.A.P.

0.P.

O.R.

P.M.

P.U.E.

R.S.
(R#)
#(A)
S.F.

SFN
(T)
w.c.

W.E.

ACRES

DOCUMENT NUMBER
FOUND

IRON PIPE-DIAMETER NOTED

MEASURED DISTANCE

MONUMENT TO BOUNDARY LINE

MONUMENT TO MONUMENT

MERCED COUNTY RECORDS

NOT A PART

OFFICIAL PLATS

OFFICIAL RECORDS

PARCEL MAP

PUBLIC UTILITY EASEMENT

RECORD OF SURVEY

REFERENCED RECORD DOCUMENT

RADIAL BEARING

SQUARE FEET

SEARCHED, FOUND NOTHING

TOTAL DISTANCE

WITNESS CORNER

WALL EASEMENT
FD3/4" 1P
\~
\~,
si~~s~~;;~-J~6i j \
C FROM COAN.ER
J %•!
ms1
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63"49'31"E·J~;i £ ---- AOMCOANER 5

DETAIL B
f
,~-1
,,0, "' ·" ~ K- 407.13'(R6)
L27
N89°42'14'W 1475.4S'{R6) :::7\~~1
\_FD 2" IP, LS 2402(R6,A7)
(1·1/4" 1P (RS)]
\
TAGILLEG • 6) ■

DETAIL A FROM THIS SHEET
11·"20·1

FROM THIS SHEET
(1"• 20')
.{!1
I ~[
8~ ~

SECTION LINE
29 P,M, 20
I ;!;~ ! \ 3:gj
I :'; J1__ SW ?ORNER OF SECTION 21 S 1/4 ~ORNER OF SECTION 21 \ \ \ ~~~"S[ji~~l~N 1024 I fi :Rl~~~~~~)~~tTY BRASS OISK ~~!~~~~$~~~~• 1~1 R4 ACE 15310 PER (R3) c-____ __ t.~ ____ _________ Naa•sa·10·~2670.54'(MJ(R1J~4) PIONEEl:3_R~ _ ____ ___ ____ ~(~-- ~ ~:::m:r:::

FD
GPS
2"

STATION

DISK, ACE
1023
15310
N=1838037.727
E .. 6447400.846
--- N89"54'39"E 6510.83' (R2)(R3) BASIS OF BEARINGS ~
PER(R3) VOL PAGE SHEET 3 OF 8
95 I
I
-;
PARCEL
IR61

PARCEL C
IR6J
SHEET 7
PARCEL 2

PARCEL E
IR61

PARCELL
IR61
57 R.S. 11
31 32
33 34
35 36 78 O.P 39-4 1
37 38
39 40
41 42
I 43
L--.. 78 O.P 39-41
I 44
L
I
N
~ 0
----ii 50 100 ~
200
SCALE: 1"=100'
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I, AND PARCEL
K OF TRACT NO. 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
...,DELL

LEGEND AND ABBREVIATIONS
ENGlNEERlNG
1165ScenicDrive,Su~eA
Modesto, CA 95350

SUBDIVISION BOUNDARY LINE

CENTERLINE

EASEMENT LINE

LOT LINE

RESTRICTED ACCESS
Ph209.571.1765 odellengineering.com
LINE AND CURVE TABLES FOR SHEET 3 ONLY

LINE TABLE LINE TABLE CURVE TABLE
LINE# DIRECTION LENGTH LINE# DIRECTION LENGTH CURVE# RADIUS DEL TA I LENGTH - L1 N27"18'03"E 266.13' L26 N0"17'46"E 110.00' C1 570.00' 8"37'53" I as.87' L2 N1"02'19"E 52.83' L27 N89°42"14"W 520.00' C2 600.00' 15 •24•10· I 192_71·
>-- t---
L3 N0"38'00"E 50.00' L28 N0°17'46"E 110.00' C3 1150.00' 8°49'14" 177.04' L4 N46
"56'44"W 51.18' L29 N3°02'08''W 52.09' C4 750.00' 19°54'37" 260.62' --- LS N66"51'21"W 66.20' L30 N1 "59'46"W 225.18' cs 1551.00' 7°10'04" 194.03' L6 NS8
"4B'53"E 69.88' L31 N0°05'05"E 50.54' c, 850.00' 4•09•24• I 61.67' L7 N24
"46'09'W 67.03' L32 N0°30'26''E 50.54' C7 550.00' 32°54'08" I 315.84' LB N66
"51'21"W 74.03' L33 N0°48'32"'E 60.54' CB 550.00' 31°08'28" I 298.93' L9 N46
"56'44"W 51.18' L34 N1°57'15"E 50.06" C9 1250.00'
8"49'14" I 192.44•
L10 N38
"07'30'W 41.05' L35 N4"27'54"E 49.94' C10 850.00' 15•45•13" I 233_71· L11 N38°0T30'W 321.11' L36 N6°33'31"E 59.92' C11 850.00' 19°54'37" I 295.37' L12 N46
°56'44'W 48.82' L37 N9
°30'51"E 49.97' C12 550.00' 1°45'39"
- i 16.90'
•t---
L13 N46"56'44'W 2.37' L38 N12°08'12"E 59.85' C13 640.00' 2"48'53" 31.44'
L14 N46
"22'04"E 110.51' L39 N14°33'54"E 49.96'
L15 N38°07'30'W 33.40' L40 N17°28'21"E 59.84' - C--
L16 N51°52'30"E 52.00' L41 N20°53'37"E 49.93' RADIAL BEARINGS I RADIAL BEARINGS L17 N24
°56'15"E 125.35' L42 N23
°26'50"E 59,77' LINE# DIRECTION I LINE# DIRECTION
L18 N15"57'02"E 59.15' L43 N26"21'06"E 49.59' 1{R) N27°18'03"E I 7(R) N0 "37'52"E
L19 N11°11'09'"E 49.26' L44 N30°35'39"E 59.38' 2(R) N4°17'29''W S(R) N65 °30'53"W
L20 N6"45'31"E 51.48' L45 N34"50'37"E 49.60'
L21 N2°oo·oo"E 58.89'
L22 N0°17'46"E 120.00'
L46 N38"42'37"E 49.60'
L47 N40"23'36''E 72.04'
3(R) N18°58'23"E
4(R) N20°44'02"E - I
9(R) N72°40'57'W
- 10(R)
- N40"26'38"E
L23 N2"22'15"W 50.05' L48 N40
"27'07"E 52.00' 5(R) N19
"02'01"E I 11(R) N43
"15'31"E
L24 N0°38"00"E 195.00' L49 N43
°03'16"E 110.00' 6(R) N0
"37'51"E
L25 [ N9°34'58"W I 52.78'
VOL PAGE SHEET 4 OF 8
96 MONUMENT NOTES
SET 3/4" x 24" IRON PIPE WI PLASTIC PLUG "PLS 7788" FOR UNPAVED AREAS OR 1.17" BRASS DISK STAMPED "PLS 7788" FOR CONCRETE AREAS. @ SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PL$ 77EJ' IN WELL. • .-, SET 3.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED

ALONG LOT LINE WITHIN LOTS OR PERPENDICULAR TO STREET
CENTERLINE ALONG CATHERINE HOSTETLERBOULEVARD AS SHOWN. 3/4" x 24" IRON PIPE WI PLASTIC PLUG "PLS 7788'.
• FOUND 3/4" IP W/PLASTIC PLUG "PLS 770", UNLESS OTHERWISE NOTED. @ FOUND 3/4" IRON PIPE W/ PLASTIC PLUG "PLS 7788' IN WELL, UNLESS OTHERWISE NOTED.

T SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" FOR ALL REAR LOT CORNERS (UNLESS OTHERWISE NOTED). SET 1.17' BRASS DISK STAMPED "PLS 7788" IN SIDEWALK 1.00' ON PROPERTY LINE PROJECTION FOR ALL FRONT LOT CORNERS.
'.IJ: SET 1.00' WITNESS CORNER, UNLESS NOTED, IN SIDEWALK, MEASURED

ALONG RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 1.17" BRASS DISK STAMPED 'PLS 7768'.

R- 1551.00'
..,;,. 0~17'02"·
b?.68'
DETAIL D FRO~ THlS SHEET
(1 ",20')
"-'-,".1-.115 o'~ & I, ' ,{~it-
! '{06'
14 I c,o . ~ or " 1
"
1 / 18(;;;::::;I
; e
I f 1

DETAIL C FROM THIS SHEET
(1 ",10')
I
N
~ 25 50 100
SCALE: 1" 50'
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I, AND PARCEL
K OF TRACT NO. 2021·1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
..,DELL
-ENGlN-E-ERlNG
PARCEL c
116
~:~:;,~ ~oA"ve, Suite A
. ' ,.~, • - "-, <,, •-••o~m
PARC.EL C
IR6l I
. '"' • ""'' ,~- •
f2 \ Ii:£ "
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a,~ _ ,,,, ---- --c16- f -. :f7•' " < <$, , " • "' /,.,,:'""'~'" " " ~ " ~ ~ ' ,.. ' •• .,.,, ' ~~, _,, , PARCEL H IR6l
PARCEL
IR6l

LEGEND AND ABBREVIATIONS

SUBDIVISION BOUNDARY LINE

CENTERLINE

EASEMENT LINE

RESTRICTED ACCESS

LOT LINE
. ' .,.,,1/ .,,p ,_., " , "'"' • ., \ -· <, ,925S.F. /;,(; \?<-"'"' •-SS • U ' S O
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6 '
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C100 _5,• •~o,,_•,, _,t,~ 7-" <;) '-, '\. \. '
SEE
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0"c'1,
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PARCEL';' •,,,., v,,-)' ~' ~o'o'\.
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NOTES

1. SEE SHEET 8 FOR LINE AND CURVE TABLES.

2. All DISTANCES SHOWN HEREON ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

5. PARCEL 1 TO BE COMBINED WITH PARCEL J WITH FUTURE DEVELOPMENT.

6. SEE SHEET 8 FOR lYPICAL STREET-TIE DETAIL.

VOL PAGE SHEET 5 OF 8
97 NOTES

1. SEE SHEET 8 FOR LINE AND CURVE TABLES.

2. SEE SHEET 5 FOR MONUMENT NOTES.

3. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.

4. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

5. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF,

6. SEE SHEET 8 FOR TYPICAL STREET-TIE DETAIL

LEGEND AND ABBREVIATIONS

SUBDIVISION BOUNDARY LINE
- ------------ CENTERLINE

EASEMENT LINE

RESTRICTED ACCESS

LOT LINE
57 R,S. 11
q,~~ / ", .,,,,,
~ .._, ~~,..0 FD 1-1/2" 1P,NO TAG(R6,A7)
~ ~ ~ N89"2~31"El6.00' FROM 78 O.P. 39-41 1 ,,,_,~ 33 ,::,"6.-v:~ CORNER '\,,. ~""' 4,947 S.F. o,q,· ~,..~, .

SEE SHEET 5, '"- ,, .i~d-. 34 •• ~ 22 ) 2S(AJ -@ "'~, ~• 4.123 S.'.'.,:7' ·oo, ,,, " / ~ ' v , . 21 ,,,,,, ,, r , 4• 35 •• ,,, \ 19_ 1 _ _:
0 t \ -- 0
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O
o: "-.._ 18 ,,,,... /40 ,,, ---.o----... '\yltl -J ---......... - - --- - ,t .,(11 / <'0, 7--'l j"' ' ,. -~- 0 --,..--- ....- x/. \.,,,,:-1},~- e,'\1~-lA\.- 17 / o,~f ✓ I /,.,.,cb N43°28'48~@~- -I,," @\------..:151M-MJ -
,' (o.ff ' '7so 16: : <,t--,
I J I I 72 UJ ,
--,-o \ I 3866 ;.. , \ t. ~, S.F. f..
/
,'
~~
25 50
SCALE: ' 1- ,. 50•
100
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D AND PARCEL I OF
TRACTNO.2021-1,VOLUME 86 OP,PAGES28-33,LYINGIN
A PORTION OF SECTION 21, T. 10 $., R. 10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
""' ELL -ENGlN-E-ERlNG
1165 Scenic Drive , Su~e A
Modeslo, CA 95350
Ph 209.571.1765 odellengioeering.com
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r--CSS(M•M)
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90.00'
N43~7'56"W L5' PARCEL 2
q&
L
SEE SHEET 7 41.os· VOL PAGE SHEET 6 OF 8
98 MONUMENT NOTES
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" FOR UNPAVED AREAS OR 1.17" BRASS DISK STAMPED "PLS 7788" FOR CONCRETE AREAS. @ SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN WELL. ~ SET 3.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED

ALONG LOT LINE, RADIAL LINE OR PERPENDICULAR TO STREET
CENTERLINE AS NOTED. 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 7788". • FOUND 3/4" IP W/PLASTIC PLUG "PLS 778B", UNLESS OTHERWISE NOTED. @ FOUND 3/4" IRON PIPE W/ PLASTIC PLUG "PLS 7788" IN WELL, UNLESS OTHERWISE NOTED.

T SET 3/4" x 24" IRON PIPE Wt PLASTIC PLUG "PLS 77EJ" FOR ALL REAR LOT CORNERS (UNLESS OTHERWISE NOTED). SET 1.17" BRASS DISK STAMPED "PLS 7788" IN SIDEWALK 1.00' ON PROPERTY LINE PROJECTION FOR All FRONT LOT CORNERS.

J( SET 1.00' WITNESS CORNER IN SIDEWALK, MEASURED ALONG RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 1.17" BRASS DISK STAMPED "PLS 7788".

PARCEL
IR5l
R,,,750.00'
J.,,,19•54•37''
L .. 260.62'
-;J"
of ½a
ol<.<'~
00:'t-«--$., / j,,;1. s; «"t- Ooi ~ /
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C100
,//
~-.:--- 61{R)
PARCEL 2
DETAIL F FRO'-l THIS SHEET
(1"e2Q')

LEGEND AND ABBREVIATIONS

SUBDIVISION BOUNDARY LINE

CENTERLINE

EASEMENT LINE

RESTRICTED ACCESS

LOT LINE
'.'l
PARCEL
IR5l
s
'.J
'::;
~
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N43"37'56"W "
SEE SHEET 6
V, 90.00' r L57 ~ o,o; ~-® ~ -~;0('l~ l58
PARCEL 2

15.154 AC
N89•4_?14"W 520.00'
29 P.M. 20
3 ill
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PARCEL L
IR6l
TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I, AND PARCEL
K OF TRACT NO. 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
ELL
-ENGlN-E-E-RlNG
1165 Scenic Drive, Suite A
Modesto,CA95350
Ph209.571.1765 odellengineering.com
!
N
~ 50 100 ~
200
SCALE: 1" "' 100'
NOTES

1. SEE SHEET 8 FOR LINE AND CURVE TABLES.

2. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.

3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.

4. DISTANCES ANO DIMENSIONS ARE SHOWN IN FEET ANO DECIMALS THEREOF.

5. SEE SHEET 8 FOR TYPICAL STREET•T1E DETAIL.

VOL PAGE SHEET 7 OF 8
99 LINE AND CURVE TABLES FOR SHEETS 5 THROUGH 7 ONLY

LINE TABLE
LINE# l DIRECTION LENGTH
L 1 r N89"53'34"W 22.50'
L2 I N46°22'04"E I 60.30'
L3 I NO"OO'OO"E I 8.60'
L4 N46"56'44"W I 17.54'
L5 N46"56'44"W I 22.29'
L7 N46"56'44'W 33.64'
LS N46°56'44"W 28.89'
l9 I N46°56'44"W I 51.18'
L 10 N35°33'15"E 24.00'
l11 N46"56'44'W 6.21'
L12 N43"03'16"E 47.00'
L 13 N46"56'44'W 44.98'
L14 N85"37'56"E 12.21'
L15
L16
L17
L18
l19
L20
L21
L22
L23
N36"57'57"E
N46"56'44'W
N36°57'57"E 69.01'
N36°57'57"E 30.26'
N77*04'38''E I 9.59'
N52"50'01"E I 12.24'
N69"28'33'W I 45.50'
N12°55'22"W I 20.00'
~ 24.00'
N39. 27'14''E l 50.00"

CURVE TABLE

LINE TABLE
LINE# DIRECTION LENGTH
L25 N12"55'32'W 10.00'
L26 I N68°17'22"E I 20.00'
L27 I N11 "08'39"E I 18.22'
L28 N88"57'41"W I 24.00'
L29 N71"24'29''E I 18.07'
L30 N1 °02'19"E I 17.11'
L31 ! N1 "02'19"E 69.81'
l32 N1 "02'19"E 52.70'
L33 I N39"54'41'W I 9.51'
L34 NS7•19'18"W 8.59'
L35 N46°22'04"E 60.29'
L36 N2°37'43"E 22.50'
L37 N2°40'02"W 8.93'
L38 N41. 01'55'W 41.16'
L39 N51 " 13'14'W
L40 N1 "02"19"E
L41 N24"18'47"W
l42 N51"42'27"E
L43 I N39°54'41"W
L44 I N46°56'44-W
L45 I N51 "13'14"W
L46 N43"28'48"W
l47 N51°13'14"W
L48 I N41 "01'55'W

42.37'

42.00'

41.77'

12.71'

9.51'

51.18'

15.36'

6.67'

27.01'

11.66'

CURVE TABLE

LINE TABLE
LINE# I DIRECTION LENGTH
L49 I N43°28'48'W I 35.31'
LSD N43"28'48'W 28.64'
L51 N41°01'55'W 29.51'
L52
L53
N79"13'02-W
N46. 56'44-W

50.00'

48.82' I
L54 I N25•59·49·w I 50.00·
L55 N53•o2'03"W 19.20"
L56 N41°01'55-W 4.70'
L57 N87*15'42"W 27.60'
L58 N46°22'04"E 4.00'
L59 N46°22'04"E 4.00'
L60 N0°00'09"W 27.60'
L61 N46°22'04"E 110.51'
L62 N3s·ono·w 33.40'
L63
l64
L65
L66
L67
L68
L69
L70
L71
L72
N51"52'30"E
N24°56'15"E
N15"57'02"E
N11 "11'09"E
N6°45'31""E
N2°00"00"E
N2°22'15"W
N9~4'58"W
N3°02'08''W
N0"05'05"E

52.00'
125.35'

59.15'

49.26'

51.48"

58.89'

50.05'

52.78'

52.09'

50.54'

LINE TABLE
LINE# DIRECTION LENGTH
L73 I N0°30'26''E I 50.54'
l74 N0"48'32''E 60.54'
l75 N1 "57'15"E 50.06'
L76 N4°27'54"'E 49.94'
L77 N6"33'31"E 59.92'
L78 N9°30'51"E 49.97'
l79 N12"08'12""E 59.85'
L80
L81
L82
L83
LBS N34°50'37"E 49.60'
L87 N38°42'37''E 49.60'
LBS N40°23'36"E 72.04'
L89 N40°27'07"E 52.00'
L90 I N43"03'16"E I 110.00'

CURVE TABLE

RADIAL BEARINGS RADIAL BEARINGS RADIAL BEARINGS RADIAL BEARINGS LINE# I DIRECTION LINE# I DIRECTION LINE# DIRECTION LINE# I DIRECTION 1{R) I N44°09'50"E 11 23{R) I N5"23'40'W 45(R} N44"57'11"E 11 67(R) I N72"40'57"W 2(R) I N42"32'10"E ' I 24(R) I N77"28'14"E 46(R} N2s•59·49•w j [ 68(R) I N46"16'01""E 3(R) I N42"09'57"E 11 25(R) I N40°14'17"E 47(R) 1 N49°45'13"W l ~ I N51 "34'00'W 4(R) N39°56'37"E 26(R) I N10"00'56"E 48(R) N7"44'42"E
S(R) N39"19'15"E 27(R) I N8S051'41"W 49(R) N50•19·48"E
6{R) N37°20'16"E 28(R) N88"57'41'W 50(R) NS0"57'23"E
7(R) N36"27'29"E 29(R) N7"44'42"E 51(R) N50"40'24"E
S(R) N35"33'1S"E 30(R) N82"51'08'W 52(R) N48"34'17"E
- ---- ~-----'---- ~--f---- 9{R) N51"00'1S"E 31(R) N79"47'10"W 53{R) N49°08'41"E 10{R) N33"34'13"E 32(R) N39"27'14"E 54(R) N47"25'33"E
11(R) N27"18"03"E 33{R) N81 "49'21'W 55(R) N48°58'0S"E
12(R) N25"33'14"E 34(R) N4"1729"W 56(R) N50°41'53"E
13(R) N75"57'23"E 35(R) N75"20'00'W 57(R) N10"14'38"E
14(R) I N15°54'00"E
15(R) I N79°13'02"W
16(R) I N40"02"18"E
17(R) I N44°37'21"E
18{R) I N82"33'44''W
19{R) I N85"09'50'W
20(R) N55"02'31 "W
21(R) N10"13'02"E
22(R) I N2"13'11"E
36(R) N75"35'37"W
37(R) N78"12'52"W
38(R) N80°48'45"W
39{R) N83°23'39"W
40(R) ] N86°27'11"W
41(R) N81 "36'31'W
42(R) N18°58'23"E
43(R) I N37"49'17"E
44{R) I N37"01'21"W
58{R) N21"55'55"E
59(R) 1 N38"54'57''E
60(R) I N49"36'2S"E
61(R) I N43"07'44""E
62(R) I N40"26'38"E
63(R) I N43°15"31"E
64(R) I N65"30'53"W
65(R) N65"47'55"W
66(R) N69"09'59"W

CURVE TABLE I I CURVE TABLE
CURVE# ] RADIUS I DELTA I LENGTH CURVE# I RADIUS I DELTA CURVE# RADIUS I DEL TA I LENGTH CURVE# I RADIUS I DEL TA l LENGTH I I CURVE# RADIUS I t C1
C2
C3
C4
C5
C6
1332.00· I 1°05•34" I 25.so·
932.oo· I 0•31•05• I s.43•
850.00· I o•s3·19" I 13.18'
932.00' 1 2•35•33• j 42,17'
850.00' 2"50'42" 42.21'
932.00" 7•30·01· 122.00·
C22 530.00· I s•4o•sr
C23 38.oo· I 60°44'41"
C24 50.00' I 13°18'10· I 11.61'
C25 984.00' I 3°00'58" 51.80'
C26 1358.00' I 3"12'45" 76.14'
C27 250.00' ' 7"56'05" 34.62'
C43
C44
C45
C46
C47
C48
224.00' 1 30• 13•21" I 118.1s· C64 s5o.oo· I 18°so•54" I 180.93' CBS 1384.00' 224.oo· I 17•05•05" I 66.80' C65 so.oo· I 48°10·00· I 42.03' C86 1384.00' 991.00· I 4•00•33" I 69.34' C66 50.00· so•15•50• I 52.s9· C87 I 1384.00' I 1"10'37" 28.43' 991.00· I 7°04•31· I 122.37' C67 550.00· 7°07'54" I 68.46' C88 224.oo' I 12•24•23• I 48.50' 991.00· I 3"03'57" l 53.03' C68 sso.oo· s•55·20" I 66.45' C89 224.oo· I 29"13'30" 1 114.26' 3s.oo· I 60"45'36" I 40.30' C69 3s.oo· I 23•45•24" I 1s.15· coo 276.oo· I 14•11·12" I 68.34' TRACT NO: 2021-01

STONECREEK AT LOS BANOS
THE VILLAGES V-PHASE 1, UNIT 1

BEING A SUBDIVISION OF PARCEL D, PARCEL I, AND PARCEL
K OF TRACT NO. 2021-1, VOLUME 86 OP, PAGES 28-33, LYING IN A PORTION OF SECTION 21, T. 10 S., R. 10 E., M.D.B.&M.

CITY OF LOS BANOS

MERCED COUNTY, CALIFORNIA
APRIL 2024
,..DELL
ENGlNEE-R lNG
1165 Scenic Drive, Suite A
Modesto, CA 95350
Ph 209.571.1765 ode11engijneering.com
j 0
20 \i
;~:___13(R)
5 \;;
"
DETAIL G FROM SHEET 5
(1"a1')
21 I
N
~
C7
CB
C9
C10
I 932.oo· I 2•3s·21·· _ 42.39'
850.00' 2"51'46" 42.47'
C28 1384.00' 1"34'05" 37.87'
C29 25.00' 29"31'41" 12.88'
C30 25.00' 2"36'06" 1.14'
C49 50.00' I 17"06'51"
C50 50.00· I 41 "36'34"
C51 50.00· I 68°53'49" I 60.12·

NOT USED
C70 50.00' 82"35'42" 72.08' C91 276.oo· I 8°45'11" I 42.1s· C71 38.oo· I 62"57'52" 41.76'
C72 38.oo· I 39•1z2s" 2s.oo·
C92 276.00'
C93 276.00'
276.oo· I 14"47'03" I 71.22' 17.00· I 99•33•15• I 29.54' . _I •~ ---------------------f!Jh,1-------------------=i C11
C12
C14
C15
C16
C17
C18
C19
C20
C21
so.oo· I 15•2Too· I 13.48'

50.00' 31"54'08" 27.84'
850.00' 6°16'10" 93.01'

50.00' 33°33'50" 29.29'

50.00' 34°22'39" 30.00'

50.00· I 40"55'14" 35.71'
250.00" 1 45°28'53" 1 198.45'
530.00· I 10·2s•o9• I 96.53'

50.00· I 34•22•43• I 30.00·
s3o.oo' I 9•39•14• I 89.30'

50.00· I 41•19·59" I 36.07'
C36
C37
C38
C39
C40
C41
C42
32°07'47" 14.02'
30°07'19" 45.21'

86.00' I 31 "37'07" 1 47.46'

73.98'

34.02'
530.00· l 7°36'51" I 70.43'

86.oo' 26"56'45" I 40.4s•
530.00· I 7"31'42" • 69.64'
8s.oo· I 22•29•21· 33.76'

86.00' 28"47'34" 43.22'

25.00' 37°13'57" 16.25'
224.oo· I 13"08'13" I 51.36'
C52
C53
C54
C55
C56
C57
C58
C61
C62
C63

50.00· I 51•12•55• I 70.87'

50.00· I 36"22'38" I 31.75'
570.00' I 8"37'53" 85.87'
939.oo· I 0°1s•33• I 4.27'
939.oo· I 2°37'15" I 42.95'
939.oo· I 2"35'54" I 42.58'
939.oo' I 2°34'53" I 42.31'
939.oo· I 3•03•32• I 50.13'
939.00' l 2"30'30~

50.00' 7°21'09"'

50.00· I 44•3s•10" I 38.91'
C73
C74 276.oo· I 9•40•34• I 46.61'
C75 276.oo· 9•40·40" I 46.s2·
C76 27s.oo· 5•2s•49" I 40.s9•
C77 27s.oo· 1•32•42" I 7.44'
C78 1332.00' 1"12'06" 27.94'
C79 1332.00' I 2°06'07" 48,87'
C80 1332.00' 3"18'13" 76.81'
ca, 1250.00· 0"55'07" 20.04'
C82 1 12so.oo· I 1°48'43" I 39.53'
C83 I 958.00' I 7°30'01" I 125.41'
C84 1384.00' 4°26'58" I 107.47'
C94
C95 250.00' I 1"28'03" I 6.40'
C96 1250.00' I 0°32'12" I 11.71'
C97 25.00' I 35•43·05•· I 15.59'
C98 2s.oo· I 1•30•51" I o.ss·
C99 1250.00' 2°43'50" 59.57'
C100 1150.00' 0°04'28" 1.49'
C101 640.00' 2•45•53-- 31.44'
C102 1150.00' 2"16'06" 45.53'

TYPICAL STREET TIE DETAIL
VOL
FROM SHEET 5 AND 5
(1"a5')
PAGE SHEET 8 OF 8
100
V,
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-
QJ
OQ
ro
V,
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-0
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V,
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101

THIS PAGE IS INTENTIONALLY LEFT BLANK
102
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S ace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 19th day of June, 2024, between ANDERSON HOMES, a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No 2021-01 Stonecreek at Los Banos, The Villages V Phase 1 Unit 1, comprised of 72 lots on 29 .3 8± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER{S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned Subdivision Improvement Agreement FM#2021-0I
THE VILLAGES V PHASE 1, UNIT I
103
and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ____ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2021-01.

NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 30th day of June 2026, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit "A" and Exhibit "B") all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
TOTAL IMPROVEMENTS FOR RESIDENTIAL LOTS:

1. SITE PREPARATION $ 47,080.00

2. WATER $ 341,060.00

3. SANITARY SEWER $ 300,300.00

4. STORM DRAINAGE $ 136,750.00

5. CONCRETE $ 277,620.00

6. PAVING $ 345,129.90

7. ELECTROLIERS $ 67,500.00

8. MISCELLANEOUS i 10.675.00
TOTAL $ 1,526,114.90
Subdivision Improvement Agreement 2 FM#2021-0l
THE VILLAGES V PHASE 1, UNIT I
104
REMAINING IMPROVEMENTS FOR RESIDENTIAL LOTS:

1. SITE PREPARATION $ -0-

2. WATER $ -0-

3. SANJT ARY SEWER $ -0-

4. STORM DRAINAGE $ -0-

5. CONCRETE $ -0-

6. PAVING $ -0-

7. ELECTROLIERS $ 67,500.00

8. MISCELLANEOUS $ 10,675.00
TOTAL $ 78,175.00

TOTAL IMPROVEMENTS FOR CATHERINE HOSTETLER BOULEVARD FORMERLY STONECREEK BOULEVARD EAST:

1. SITE PREPARATION $ 104,310.00

2. WATER

3. SANITARY SEWER

4. STORM DRAINAGE

5. CONCRETE

6. PAVING

7. ELECTROLIERS

8. MISCELLANEOUS
TOTAL
$ 22,045.00
$
$
$
$
$
$
$
14,700.00
59,400.00
176,012.56
595,188.75
49,500.00
21 .006.00
1,042,162.31

REMAINING IMPROVEMENTS FOR CATHERINE HOSTETLER BOULEVARD FORMERLY STONECREEK BOULEVARD EAST:

1. SITE PREPARATION

2. WATER

3. SANITARY SEWER

4. STORM DRAINAGE

5. CONCRETE

6. PAVING

7. ELECTROLIERS

8. MISCELLANEOUS
Subilivision Improvement Agreement 3
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
$ 49,500.00
$ 21.006.00
TOTAL $ 70,506.00
FM #2021-01
THE VILLAGES V PHASE I, UNIT 1
105

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $148,681.00 and Labor and Materials at 50%, $74,340.50 and prior to the release of other security, for Warranty and Guarantee at 10% of total improvements in the amount of $256,827.72. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, §66496 per of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

FINAL MAP REVIEW
Charges for Final Map Review
Less: Deposit for Map Review (Rec# 01929236)

SUB-TOTAL
Less: Deposit for Map Review (Rec# R00077806)
$
$
$
16,511.00
(2,000.00)
$ 14,511.00
(87,813.98)
TOTAL $ -0-

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $1,526,114.90 (attached as Exhibit "A") and $1,042,162.31 (attached as Exhibit "B"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shalJ install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map 2021-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shalJ damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of Subdivision Improvement Agreement 4 FM#2021-0l

THE VILLAGES V PHASE I, UNIT I
106
acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or Subdivision Improvement Agreement 5 FM#2021-0l
THE VILLAGES V PHASE l, UNIT l
107
from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at al1 times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY.

Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

Subdivision Improvement Agreement 6 FM#2021-0l
THE VILLAGES V PHASE 1, UNIT I
108

16. DEVELOPER(S) shall provide for adequate erosion control as detennined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days foHowing the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnishes the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map 2021-0 I prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvement Agreement 7 FM#2021-0l

THE VILLAGES V PHASE I, UNIT I
109
Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map 2012-01, and the conditions of approval for said tentative map, (attached herein as Exhibit "C"), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
[Signature Page Follows]
Subdivision Improvement Agreement 8 FM#2021-0J
THE VILLAGES V PHASE 1, UNIT 1
110
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:

Lucille L. Mallonee, City Clerk
City of Los Banos

ANDERSON HOMES
A California Corporation
Michael Anderson, Vice President

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
PaulLlanez,Mayor

PARTIESOFTHESECONDPART
Signatures need to be notarized. Attach a Notary Acknowledgement.

Subdivision Improvement Agreement 9 FM#2021-01
TIIE VILLAGES V PHASE 1, UNIT 1
111
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
808@~ftil G l:ft:0 ~@QQ~U"Q~U 0:ffll):808Ja I r0:9888888J000f [}NJ€.;(}t808080lffl A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ~ n ~ruto }
On ,J\)r'\C, 1 ' 2021 before me, _____;er =------,~.;;... \~_ ~_-_U_Cffl} _ n$____,_, ___;_N_o_i11_~_ Pv_ ~_l fl __, Date Here Insert Name and Title of the Officer M \" ll\n•\ .Ao .J personally appeared _______ V-=---IIIV ____;:--=------'----' n:._____: YIV\ =------=- ~-oVl _______________ _ Name(B-) of Signer(BJ
who proved to me on the basis of satisfactory evidence to be the person~ whose name(sj@-e subscribed to the within instrument and acknowledged to me that ~ executed the same in ~ authorized capacity~ . and that by ~ signature~ on the instrument the person'8)'; or the entity upon behalf of which the person-"')' acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Place Nota,y Seal and/or Stamp Above
Slgnatu,e ~ Signature f\.,. ~ NotaryPub/ic

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: W ~ {viS<OV\ rmm,vt.rrot:I- ,nYlV>"lefll::t Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: f 4'1Ul ~t1C.~ 'i L~llt- L.. V\,dloncc..

Capaclty(ies) Claimed by Slgner(s)
Signer's Name: "1~e,l kvl<A~V\.
e"Corporate Officer- Title(s}:iJice, ~C..IICt □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:

Signer is Representing: A~\10'\ Hbl't'lrk
Signer's Name: ___,.....,,,-
□ Corporate Officer - T~-----
□ Partner - □ Limit ..-rfGe~
□ Individual □ Attorney in Fact
□ Truste □ Guardian or Conservator
D O!J)e :

Signer is Representing: ________ _
~000000 ooca ID ~t00ffl:l80ll88lll~8808~
©2019 National Notary Association
112
Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S ace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 19th day of June, 2024, between ANDERSON HOMES, a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No 2021-01 Stonecreek at Los Banos, The Villages V Phase l Unit I, comprised of 72 lots on 29 .3 8± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned Subdivision Improvement Agreement FM#2021-0l
THE VILLAGES V PHASE l, UNIT l
113
and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. _ ___ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2021-01.

NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 30th day of June 2026, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,{as detailed in attached Exhibit "A" and Exhibit "B") aJI at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
TOTAL IMPROVEMENTS FOR RESIDENTIAL LOTS:

1. SITE PREPARATION $ 47,080.00

2. WATER $ 341,060.00

3. SANITARY SEWER $ 300,300.00

4. STORM DRAINAGE $ 136,750.00

5. CONCRETE $ 277,620.00

6. PAVING $ 345,129.90

7. ELECTROLIERS $ 67,500.00

8. MISCELLANEOUS i 10,675.00
TOTAL $ 1,526,114.90
Subdivision Improvement Agreement 2 FM#2021-01
THE VILLAGES V PHASE 1, UNIT 1
114
REMAINING IMPROVEMENTS FOR RESIDENTIAL LOTS:

1. SITE PREPARATION $ -0-

2. WATER $ -0-

3. SANITARY SEWER $ -0-

4. STORM DRAINAGE $ -0-

5. CONCRETE $ -0-

6. PAVING $ -0-

7. ELECTROLIERS $ 67,500.00

8. MISCELLANEOUS $ 10.675.00
TOTAL $ 78,175.00

TOTAL IMPROVEMENTS FOR CATHERINE HOSTETLER BOULEVARD FORMERLY STONECREEK BOULEVARD EAST:

1. SITE PREPARATION

2. WATER

3. 4.

5. 6.

7. 8.

SANITARY SEWER

STORM DRAINAGE

CONCRETE
PAVING

ELECTROLIERS

MISCELLANEOUS
TOTAL
$
$
$
$
$
$
$
$
$
104,310.00
22,045.00
14,700.00
59,400.00
176,012.56
595,188.75
49,500.00

21.006.00
1,042,162.31

REMAINING IMPROVEMENTS FOR CATHERINE HOSTETLER BOULEVARD FORMERLY STONECREEK BOULEVARD EAST:

1. SITE PREPARATION $ -0-

2. WATER $ -0-

3. SANITARY SEWER $ -0-

4. STORM DRAINAGE $ -0-

5. CONCRETE $ -0-

6. PAVING $ -0-

7. ELECTROLIERS $ 49,500.00

8. MISCELLANEOUS $ 21 ,006.00
TOTAL $ 70,506.00
Subdivision Improvement Agreement 3 FM#2021-01
THE VILLAGES V PHASE 1, UNIT I
115

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $148,681.00 and Labor and Materials at 50%, $74,340.50 and prior to the release of other security, for Warranty and Guarantee at 10% of total improvements in the amount of $256,827.72. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, §66496 per of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

FINAL MAP REVIEW
Charges for Final Map Review
Less: Deposit for Map Review (Rec# 01929236)

SUB-TOTAL
Less: Deposit for Map Review (Rec# R00077806)
$
$
$
16,511.00
(2,000.00)
$ 14.511 .00
(87,813.98)
TOTAL $ -0-

4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $1,526,114.90 (attached as Exhibit "A") and $1,042,162.31 (attached as Exhibit "B"), as approved by Public Works Director/City Engineer and accepted by the City Council.

5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map 2021-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of Subdivision Improvement Agreement 4 FM #2021-01
THE VILLAGES V PHASE I, UNIT 1
116
acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or Subdivision Improvement Agreement 5 FM#2021-01
THE VILLAGES V PHASE 1, UNIT 1
117
from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at alI times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY.

Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

Subdivision Improvement Agreement 6 FM#2021-0l
THE VILLAGES V PHASE 1, UNIT 1
118

16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship perfonned on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnishes the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map 2021-01 prior to acceptance of public improvements or final of any housing units.

22. No work shall commence under the terms of this AGREEMENT prior to aJl of the fo11owing being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvement Agreement 7 FM#2021-0l
THE VILLAGES V PHASE I, UNIT 1
119
Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map 2012-01, and the conditions of approval for said tentative map, (attached herein as Exhibit "C"), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
[Signature Page Follows]
Subdivision Improvement Agreement 8 FM#2021-01
TIIE VILLAGES V PHASE I, UNIT 1
120
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:

Lucille L. Mallonee, City Clerk
City of Los Banos

ANDERSON HOMES
A California Corporation
Michael Anderson, Vice President

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Paul Llanez, Mayor

PARTIESOFTHESECONDPART
Signatures need to be notarized. Attach a Notary Acknowledgement.

Subdivision Improvement Agreement 9 FM#2021-0l

THE VILLAGES VPHASE I, UNIT I
121
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
88008888888tlt08~-~J009-El680l~880888
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of _________ ~n !,uu+o _ _ _
On J uric., <I , '2.0l4 before me, --=-l5_r ~-+-'~--N_ ._ Temc:....__o_tt$____,_, ..L... N_b·m_01-----~-Ul?_l_ie,_ Date Here Insert Name and Title of the Officer personally appeared ____ ___;;Vl _ \=®C-!-Lt-~ I _....;.~..........,IL...:..-()_Vl ____________ _ Name(8) of Signer{J1)
who proved to me on the basis of satisfactory evidence to be the person~ whose name'81~ subscribed to the within instrument and acknowledged to me that& SAei'tliey executed the same in lliittei/tl ,elr authorized capacity~. and that by@ l:lerAheif signature(&? on the instrument the person'81, or the entity upon behalf of which the person(&? acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp Above
Signature ~ Signature t'I,,
o
~ ~

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document . , ,
Title or Type of Document: S:.O\::til1V1s.1or1 .:C:Wl provt,mo,tf A~vcut1c;,vfDocument Date: _______________ -,--_____ Numberof Pages: _ __ _ Signer(s) Other Than Named Above: fll\0l LlC-1V1t4 ~ L,\JC:.llt L • ~~"once,.

Capacity(ies) Claimed by Signer s)
Signer's Name: i(i\i\oie,I e,+:S,OV\
a"Corporate Officer - Title(s): :ijt:(1l ~ [!'.t.~~~
,. Signer's Name: -------=.-,~ - -- □ Corporate Officer - Title};ff'-______ _ □ Partner - □ Limited □ General a Partner - □ Limite General □ Individual a Attorney in Fact □ Individual □ Attorney in Fact a Trustee a Guardian or Conservator a Guardian or Conservator a Other:

Signer is Representing: lfrcAt.BM ffuWlt.S Signer is Representing: _____ _ _ _ _ ©2019 National Notary Association
122
Ml•l=l•I EXHIBIT ''.A"
-ENG1NE-E-R1NO OPINION OF PROBABLE COST
Project name: Villages V • Phase 1 • 72 Residential Lots Los Banos, CA Project progress stage: Design 5/14/2024
ITEfv DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING AC 10.8 $600.00 $6,480.00
2 GRADING/EARTHWORK CY 6,500 $5.00 $32,500.00
3 EROSION CONTROL AC 10.8 $750.00 $8 100.00
SUB-TOTAL $47,080.00
B. WATER
1 10" WATER MAIN LF 2340 $69.00 $161,460.00
2 10" GATE VALVE LF 12 $2,900.00 $34,800.00
3 WATER LATERAL EA 72 $1,900.00 $136,800.00
4 HYDRANT, BURY & GATE VALVE LF 8 $1,000.00 $8,000.00
SUB-TOTAL $341,060.00
C. SANITARY SEWER
1 6" SEWER MAIN LF 1005 $50.00 $50,250.00
2 8" SEWER MAIN LF 990 $60.00 $59,400.00
3 10" SEWER MAIN LF 85 $70.00 $5,950.00
4 STD. SEWER MANHOLE EA 11 $3,700.00 $40,700.00
5 4" STD. LATERAL EA 72 $2,000.00 $144 000.00
SUB-TOTAL $300,300.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 230 $60.00 $13,800.00
2 15" STORM DRAIN LF 355 $65.00 $23,075.00
3 24" STORM DRAIN LF 535 $85.00 $45,475.00
4 STD.MANHOLE EA 7 $4,000.00 $28,000.00
5 CATCH BASIN EA 7 $3,700.00 $25,900.00
6 CONNECT TO EX. STORM DRAIN EA 1 $500.00 $500.00
SUB-TOTAL $1 36,750.00
E.CONCRETE
1 5" ROLLED CURB & GUTTER LF 920 $22.00 $20,240.00
2 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 3,220 $26.00 $83,720.00 3 6" VERTICAL CURB LF 115 $22.00 $2,530.00
4 6" CONCRETE (INCL. RAMPS & RETURNS) SF 21 ,730 $E.00 $130,380.00 5 ADA RAMPS LABOR ONLY EA 8 $500.00 $4,000.00
6 DRIVEWAYS EA 49 $750.00 i36,750.00
SUB-TOTAL $277,620.00
F. PAVING
1 2.5" AC OVER 8.5'' AB SF 26,680 $4.40 $117,392.00
2 2.5" AC OVER 10.5" AB SF 38,460 $4.54 $174,608.40
3 3.0" AC OVER 13.0" AB SF 9,005 $5.90 $53 129.50
SUB-TOTAL $345, 129.90
G. ELECTROLIERS
1 25' DECORATIVE STREETLIGHT EA 9 $7,500.00 ~7,500.00
SUB-TOTAL $67,500.00
H. MISCELLANEOUS
1 MONUMENT WELLS EA 16 $400.00 $6,400.00
2 SIGNAGE EA 6 $400.00 $2,400.00
3 STOP AND STOP BAR STRIPING EA 5 $375.00 i1 ,875.00
SUB-TOTAL $10.675.00
Civil Construction Total $1,526,114.90
10% CONSTRUCTION $152,611 .49
GRAND TOTAL J.1,678,726.39
Notes:

1. This estimate does not include survevinQ, enQineerini:i, landscapinQ, street trees, or irriQation.

2. This estimate does not include cost for removal and/or replacement of existinQ utility poles and the utilities associated with the utility poles.

3. This estimate does not include cost for irriqation ditch removal, relocation, or pipe lininQ.

4. Estimated qradinq cost can vary due to shrinkaqe, strippinq, site consolidation and other variable factors associated with earthwork.

5. Items not included as part of this estimate.

A. Existino lrrioation Facilitv Demolition

8. Permits
C. Utility Fees
D. City Fees, bond fees
E. Enqineerinq/desiqn fees
F. Soils enqineerinq cost
G. Power Pole Relocation
H. Construction Surveyinq
I. Landscapina Fees
J. Easement acquisitions
L. Landscape Design Improvements
M. Street Trees
N. Tree Removal

0. Mail Boxes
P. Masonry Walls
100% 50%PAYMENT 10% WARRANTY
PERFORMANCE SECURITY LABOR & SECURITY % Com~lete :a~,11s1~ Hll:l:ElilAI 100% $0.00 $0.00 $648.0D
100% $0.00 $0.00 $3,250.00
100% $0.00 $0.00 $810.00
100% $0.00 $0.00 $16,146.00
100% $0.00 $0.00 $3,480.00
100% $0.00 $0.00 $13,680.00
100% $0.00 $0.00 $800.00
100% $0.00 $0.00 $5,025.00
100% $0.00 $0.00 $5,940.00
100% $0.00 $0.00 $595.00
100% $0.00 $0.00 $4,070.00
100% $0.00 $0.00 $14,400.00
100% $0.00 $0.00 $1,380.00
100% $0.00 $0.00 $2,307.50
100% $0.00 $0.00 $4,547.50
100% $0.00 $0.00 $2,800.00
100% $0.00 $0.00 $2,590.00
100% $0.00 $0.00 $50.00
100% $0.00 $0.00 $2,024.00
100% $0.00 $0.00 $8,372.00
100% $0.00 $0.00 $253.00
100% $0.00 $0.00 $13,038.00
100% $0.00 $0.00 $400.00
100% $0.00 $0.00 $3,675.00
~
100% $0.00 $0.00 $11,739.20
100% $0.00 $0.00 $17,460.84
100% $0.00 $0.00 $5,312.95
0% $67,500.00 $33,750.00 $6,750.00
0% $6,400.00 $3,200.00 $640.00
0% $2,400.00 $1,200.00 $240.00
0% $1 ,875.00 $937.50 $187.50
$78.175.00 $39.087.50 $1 52.611 .49
______ --=.p_:2_09.571.1765 I f:209.571.2466 Probable Cost Estimate Modesto Office: 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 123
ei•l=III
e N c; 1 NE E~ IN ti
EXHIBIT "B"

OPINION OF PROBABLE COST
Project name: Villages V - Catherine Hostetler Blvd formerly Stonecreek Bou Project progress stage: Design
Los Banos, CA
5/14/2024
ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A. SITE PREPARATION
1 SITE CLEARING AC 2.4 $20,000.00 $48,000.00
2 GRADING/EARTHWORK CY 5,502 $5.00 $27,510.00
3 EROSION CONTROL AC 2.4 $12,000.00 $28,800.00
SUB-TOTAL $104,310.00
B. WATER
1 10"WATERMAIN LF 105 $69.00 $7,245.00
2 10" GATE VALVE EA 2 $2,900.00 $5,800.00
3 ADJUST EX. GATE VALVE BOX TO GRADE EA 2 $500.00 $1,000.00 4 HYDRANT, BURY & GATE VALAVE EA 1 $6,500.00 $6,500.00
5 CONNECT TO EXISTING WATER EA 1 $1,500.00 $1 500.00
SUB-TOTAL $22,045.00
C. SANITARY SEWER
1 10" SEWER MAIN LF 160 $70.00 $11,200.00
2 ADJUST EX. MANHOLE TO GRADE EA 3 $500.00 $1,500.00
3 CONNECT TO EX. SEWER MAIN EA 2 $1,000.00 $2 000.00
SUB-TOTAL $14,700.00
D. STORM DRAINAGE
1 12" STORM DRAIN LF 185 $60.00 $11,100.00
2 15" STORM DRAIN LF 5 $65.00 $325.00
3 24" STORM DRAIN LF 35 $85.00 $2,975.00
4 36" STORM DRAIN LF 40 $110.00 $4,400.00
5 STD. MANHOLE EA 1 $4,000.00 $4,000.00
6 CATCH BASIN EA 8 $3,700.00 $29.600.00
7 ADJUST EX. MANHOLE TO GRADE EA 5 $500.00 $2,500.00
8 CONNECT TO EX. STORM DRAIN EA 9 $500.00 $4,500.00
SUB-TOTAL $59,400.00
E. CONCRETE
1 6" VERTICAL CURB & GUTTER (INCL. RETURNS) LF 2,010 $26.00 $52,260.00 2 6" VERTICAL CURB LF 1,790 $22.00 $39,380.00
3 6" CONCRETE (INCL. RAMPS & RETURNS) SF 10,825 $6.00 $64,950.00 4 8" REINFORCEDSTAMPED CONCRETE SF 1,452 $12.00 $17,422.56 5 ADA RAMPS LABOR ONLY EA 4 $500.00 $2 000.00
SUB-TOTAL $176,012.56
F. PAVING
1 5" AC OVER 17.5" AB SF 61,045 $9.75 $595188.75
SUB-TOTAL $595,188.75
G. ELECTROLIERS
30' ELECTROLIERS EA 9 $5,500.00 $49,500.00
SUB-TOTAL $49,500.00
H. MISCELLANEOUS
1 MONUMENT WELLS EA 3 $400.00 $1,200.00
2 STRIPING LS 1 $15,000.00 $15,000.00
3 BARRICADE LF 178 $27.00 $4,806.00
SUB-TOTAL $21.006.00
Civil Construction Total $1,042.162.31
10% CONTINGENCY $104,216.23
GRAND TOTAL $1146 378.54
~

1. This estimate does not include survevinQ, enQineerinq, landscapinq, street trees, or irriqation.

2. This estimate does not include cost for removal and/or replacement of existinA utility poles and the utilities associated with the utility poles.

3. This estimate does not include cost for irri!=lation ditch removal, relocation, or pipe lininq.

4. Estimated QradinA cost can vary due to shrinkaAe, strippinA, site consolidation and other variable factors associated with earthwork.

5. Items not included as part of this estimate.

A Existina lniaation Facilitv Demolition I. Easement acauisitions B. Permits J. Street Trees
C. Utility Fees K. Joint Trench ( Dry Utilities)
D. City Fees , bond fees L. Tree Removal
E. EnAineerinAidesiAn fees M. Mail Boxes
F. Soils enQineerinQ cost
G. Power Pole Relocation
H. Construction SurveyinQ
% Complete
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
0%
0%
0%
0%
100% 50% PAYMENT 10% WARRANTY

PERFORMANCE SECURITY LABOR & SECURITY

SECURITY MATERIAL
$0.00 $0.00 $4,800.00
$0.00 $0.00 $2,751.00
$0.00 $0.00 $2,880.00
$0.00 $0.00 $724.50
$0.00 $0.00 $580.00
$0.00 $0.00 $100.00
$0.00 $0.00 $650.00
$0.00 $0.00 $150.00
$0.00 $0.00 $1,120.00
$0.00 $0.00 $150.00
$0.00 $0.00 $200.00
$0.00 $0.00 $1,110.00
$0.00 $0.00 $32.50
$0.00 $0.00 $297.50
$0.00 $0.00 $440.00
$0.00 $0.00 $400.00
$0.00 $0.00 $2,960.00
$0.00 $0.00 $250.00
$0.00 $0.00 $450.00
$0.00 $0.00 $5,226.00
$0.00 $0.00 $3,938.00
$0.00 $0.00 $6,495.00
$0.00 $0.00 $1,742.26
$0.00 $0.00 $200.00
$0.00 $0.00 $59,518.88
$49,500.00 $24,750.00 $4,950.00
$1,200.00 $600.00 $120.00
$15,000.00 $7,500.00 $1,500.00
$4,806.00 $2,403.00 $480.60
$70.506.00 $35.253.00 $104.216.23
p:209.571.1765 I f:209.571.2466 Probable Cost Est~I
Modesto Office: 1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com ,___O_'_D_el_l E_n..:gc... in_e_er_in--=- g 124

EXHIBIT C
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2021-01 -

QUAIL MEADOWS VILLAGES AT STONECREEK V
General

1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.

2. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a Community Facilities District created for the purposes of funding public safety, as authorized by Government Code Section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.

3. Prior to approval of any Final Map, the Developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution.

The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.

4. The project shall be subject to and the Developer shall pay development impact fees enacted by the City, including scheduled or periodic increases as provided for in the adopting ordinance or resolutions in effect at the time of the Developer's request for the issuance of a building permit and/or as included in the Subdivision Improvement Agreement.
6 125

5. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.

6. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.

7. All development shall be consistent with the Vesting Tentative Tract Map #2021-01 and approved Final Development Plan #2021-01, reflecting any amendments added during approval.

8. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.

9. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.

10. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.

11. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.

12. A Final Map Guarantee shall be prepared and provided to the County Recorder.

13. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.

14. Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.

15. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.

16. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2021-01.
7 126

17. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: 'The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."

18. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.

19. On-site improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.

20. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.

21. The project is subject to the appropriate Development Impact Fees as established by the City.

22. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.

23. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.

24. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.

25. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.

26. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
8 127

27. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.

28. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.

29. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.

30. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.

31. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaster and the City of Los Banos.

32. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.

33. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:

If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.

34. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.S(e):
9 128
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Pre-Construction and Construction

32. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours.

This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Director.

33. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.

34. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
10 129

35. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.

36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.

37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.

Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.

38. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work performed on the project shall comply with the requirements of the State Business and Professions Code.

39. Construction shall be limited to those times allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.

40. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.

These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing installed in accordance with the American Society for Testing and Materials standard 06462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
11 130
g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41 . Where standard corner lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.

42. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.

43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls except for the masonry wall along the Pacheco/ Pioneer Connector Road.

44. The developer shall install a decorative masonry wall along the eastern right-of-way of the Pacheco/Pioneer Connector as approved by the Community and Economic Development Director and Public Works Director.

Air Quality:

45. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.

46. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
4 7. Natural gas line and electrical outlets shall be included in the backyard or patio areas of residences to encourage the use of gas and/or electric barbecues.

48. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.

49. Only low emitting, EPA approved fireplace inserts and/or wood stoves or natural gas fireplaces shall be installed. No open hearth fireplaces shall be allowed.

50. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District.

Developer shall prepare an air emissions reduction if required. 12 131
Access and Circulation:

51. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).

52. Half-street sections will not be permitted in the construction of VTTM #2021-

01. 53. All bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.

54. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted.

55. Improvements to arterials and collector streets shall be completed prior to occupancy of any use within each phase as shown on the improvement plans, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.

56. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.

57. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.

58. Final Map( s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.

59. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.

60. Prior to Final Map approval, the developer shall have a Traffic Engineer design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
13 132
Utilities:

Water:
61 . The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan review stage.

62. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.

63. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.

64. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.

65. Where the invert is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.

66. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into oncoming traffic. Streetlight locations shall be shown on Improvement Plans.

Developer shall utilize decorative streetlights, as approved in Final Development Plan, meeting the illumination standards required in the City street light standards, except that cobra-head streetlights shall be used on arterial streets.

67. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.

68. Approved backflow devices shall be installed as required.

69. Domestic water services shall not be placed in driveways.

70. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has been detached from CCID, or that remaining CCID lines will be intact or rerouted to the satisfaction of CCID.
14 133
Sewer:
71 . The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.

72. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.

Storm Drainage:

73. Final Improvement Plans for the storm drainage system shall utilize the TR55 analysis method.

74. All development shall comply with the Phase II storm water regulations.

75. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.

76. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.

Public Safety:

77. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.

78. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.

79. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.

80. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
81 . The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.
15 134

82. Fire hydrants ( or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. Fire hydrants ( or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.

83. Street names shall be approved by the Fire Department.

84. Driveway approaches, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.

85. Upon completion and approval of the project plans, developer shall submit an electronic file, via email or file sharing service (i.e. Dropbox) to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).

86. In accordance with the Stonecreek Area Plan and the Stonecreek Area Plan EIR, developer shall dedicate Lot Bas shown on the Vesting Tentative Tract Map (VTTM #2021-01 ), consisting of 1.4 acres, to the City of Los Banos to be used for Fire Station #4, which will be constructed by the City of Los Banos. The parties shall take all reasonable and necessary steps and actions to satisfy this condition within a reasonable time after the approval of the Vesting Tentative Tract Map (VTTM #2021-01) and Development Agreement. The dedication shall be completed with the recording of the final map for the phase containing Lot B.

Landscaping:

87. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the City Engineer and Community and Economic Development Director.

88. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.

89. The developer shall comply with the adopted street tree ordinance.

90. Masonry walls shall be landscaped with vines to discourage graffiti.

91. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.

92. Landscape plans for single-family residences shall utilize drought tolerant 16 135
Parks:
plantings for no less than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.

93. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.

94. The developer shall provide an Irrevocable Offer of Dedication (IOD) for Lot Fas shown on the Vesting Tentative Map (VTTM #2021-01 ), consisting of 10,836 square feet for future development of a neighborhood park.

95. A Park Dedication and Parks and Recreation Impact Fee shall be paid with each building permit for the development of new recreational facilities in Los Banos.

Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 17 136
I
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City of Los Banos
At the Crossroads o.f Cal~fornia
Agenda Staff Report
TO:

FROM:

Mayor and City Council Members
Charles Bergson, P.E., Public Wor
f
r/City Engineer
DATE: June 19, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Award On-Call Engineering Services Contracts
Recommendation:

That the City Council adopts the Resolution entering into Agreements for On-Call Engineering Services with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. to support the Public Works Department, and authorize the City Manager to execute the Professional Services Agreements. The administration of the Professional Services Agreements is to be performed by the Public Works Director/City Engineer.

Discussion:

The City of Los Banos Public Works Department is charged with oversight of all engineering services in the Public Right of Way and on Public Land, and City construction projects. In order for staff to efficiently and effectively manage the engineering tasks including construction management/design, inspections, land surveying, final map and improvement plan reviews/approval in the Public Works Department. Proposals were solicited for services of qualified civil engineering firms. A Request for Qualifications was issued on March 15, 2024. Proposals were received at the office of City Clerk until April 30, 2024 at 2:00 PM. The City received seven (17) proposals. The firms that responded to the City of Los Banos Request for Qualification were:

QK, Inc.

Stantec Consulting Services, Inc.

Willdan
Bellecci and Associates, Inc.

CSG Consultants
Larry Walker Associates
Kier + Wright
Bedrock Engineering
Golden Valley Engineering & Survey
Gouveia Engineering, Inc.

Mark Thomas & Company
SNG & Associates, Inc.

Precision Civil Engineering, Inc
4Creeks, Inc.

O'Dell Engineering
Provost & Pritchard Consulting Group
Sandis Civil Eng Surveyors and Planners
139
Each proposal was reviewed by a City staff selection committee using the prescribed selection process. Staff is recommending that the services of Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. be retained to support staff with the engineering needs of the City. Each of the eight firms has the ability to provide the necessary services requested. Each has demonstrated a history of delivering quality work.

Staff is recommending entering into a Professional Services Agreements with each of the five firms for a period of five (5) years effective July 1, 2024 and ending on June 30, 2029.

The overall not to exceed dollar amount of each agreement is $500,000 per Fiscal Year.

During the five-year service term, engineering work will be requested based on the needs of the City for a specific service from each firm. A Task Order will be generated for specific engineering work which will identify the scope of work, a not to exceed dollar amount, and a date when the services are due. The administration of each specific Task Order will be authorized and administered by the Public Works Director/City Engineer. Each Task Order will be completed concurrent with the terms of the Professional Services Agreement.

Fiscal Impact:

Each of the proposed engineering firms has submitted a schedule of fees for their services.

The Task Orders will be generated for specific projects which will be included in the funds approved in the annual adopted City budget.

Vanessa Portillo, Finance Director
Attachments:

Resolution
Copy of proposed Professional Services Agreement
Copy of proposed Task Order Form
Copy of RFQ
140
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS AUTHORIZING THE CITY MANAGER TO

EXECUTE PROFESSIONAL SERVICES AGREEMENTS

AND THE PUBLIC WORKS DIRECTOR/CITY ENGINEER

TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICES
AGREEMENTS WITH GOUVEIA ENGINEERING, INC.,

STANTEC, PRECISION CIVIL ENGINEERING, PROVOST &

PRITCHARD CONSUL TING GROUP, O'DELL

ENGINEERING, WILLDAN ENGINEERING, MARK THOMAS
& COMPANY, AND SNG & ASSOCIATES, INC. FOR ONCALL ENGINEERING SERVICES WHEREAS, the City of Los Banos Public Works Department is charged with managing engineering services, performing construction management/design, inspections, land surveying, final map and improvement plan reviews/approval for all Public Works projects; and WHEREAS, the Engineering Division of Public Works is not structured to meet the design needs of all Public Works projects; and
WHEREAS, the Public Works Department solicited proposals from qualified engineering firms to provide On-Call Engineering Services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute Professional Services Agreements and authorize the Public Works Director/City Engineer to execute individual professional services agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
141

THIS PAGE IS INTENTIONALLY LEFT BLANK
142
SAMPLE

PROFESSIONAL SERVICES AGREEMENT FOR

ON CALL ENGINEERING SERVICES
[INSERT NAME OF CONSULTANT]
11-IIS AGREEMENT is made and entered into this 1st day of July 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and .._ ______ , INSERT CONSULT ANT NAME AND,TYPE OF ENTITY] (herein referred to as "Consultant"). ·'
RECITALS 4'\J\;~//'
A. City is a municipal corporation duly organized and validly eJci~ting under .. the laws of the State of California with the power to carry on.: its bµsiness'as it is now being conducted under the statutes of the State of California. •••• • • •
B. City desires to engage ConsuJtant as,-imindepen<.ient contfiictor,tOt,rovide professional engineering services for specific tasks/pfojects on' sh<llt!·notice as ne~ciJd to support the City's ··.,. ·"- -. '/i :' ' ,' _::-·, ~~ ·' ", ,: •• Public Works Department/City Engineer:· , :,>. P,),i) • •.,' '• •·,:·;,"\ C. Consultant possesses the skiH;\ eiJ~rience,. ~lJility, background, certification and knowledge to provide the services,4escribed in this Agreement. > ".~~-- . . ...~ -~ ., . ' :• .. ,..-.:.~(.:·· ·--::.·:;.:, -Jfr>,~ ·- :.:~-~
D. City desires to retain ·consultant1to render professional services under the terms and conditions set fort~:irithis Agreemcint;,. ·/;;•,~;iJi!\, '.~: , <t ~'.,,, ., <, •, ,, ::·· NOW, THEREf'ORE,Jt .is mutually, agreed by and between the undersigned parties as follows: ·' • •• •
,:i•. Term. The term of this Agreement shall commence upon the above written date and shall remain in effect untilJune 30, 2029 unless terminated earlier as set forth herein. '=:,-·.-·.;:~':.,_:_:~-; V .,_.,,:\;.~-'\. - ~}(_

2. Scope of Servig~s. S~~ices to be performed by Consultant may include the following tasks on an on-call basis upon reasonable notice to Consultant:
• \·_i.\/\~~. ·:,--
a. Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
b. Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. c. Provide field surveys as requested.
143
d. Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Los Banos Municipal Code. e. Review Subdivision Improvement Plans for compliance with the City of Los Banos Improvement Standards.
f. Review developers' site and utility plans.
g. Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
h. Provide map and maps and mapping services as requested. '·\t, i. Preparation and review of legal descriptions.for easemeri1:s,)Rights-of Way, Lot Line Adjustments, etc. t,, ,::,;.;(::: ,·; ·; ·
j. Update and maintain City Improvement Standard~ ~<i Specificati~ns;,:> ·. - ,,.·:,·.:,.·-.,. • a·· • "\(\:~- ,- __ ·_:t_~ ..
k. Review the City's requested project .and/or''task to ~ ;: accomplished, and provide preliminary consultation, research and evaluation of same./ •• • i:1i::c .·•?::::,, ·;,:}{}' •
I. Assist the City's EngineeringDivision withpresentations and/or recommendations to City staff administration, or City Council:\· . . , • ~ ?\ .. ::,.··,".,.,::,., . -- - ·:.;·;:."', - ,,._,_ ;~ m. Third party review consultation related to documents prepared by the City's Engineering Division or other consultants·retairied by,the City. • • -·1.::.-··\ .,,_ '>_ ·-> ~ .. ·~ -_, ~(~>:.. - ·: . ..-~>~2~ .. :~ ~•: ;~., n. Review\ a,n4 .. provide COmlllents orn ·e~yironmental documents for proposed projects submitted to the City>~~ accgi:qance withtli~ California Environmental Quality Act. ·,::.'.~~... ' ;· _:'\',, ·:>,. ~-()~\. o. Provide othe?engineerih.g anddesign services as requested.

2.L Constµtant shal(provide such services on an as needed basis when given written instruction to 'do 'so by,.the Public Works Director, or his designee. Consultant shall diligently perform all ilie'.services o~f~ribed in the Scope of Services. ·'} . ;~

2.2. All prof~ssiori:ii services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 144

3. Administration. The Public Works Director shall administer this Agreement on behalf of the City. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.

4. Time of Performance. Upon receipt of written Notice to Proceed from the City, Consultant shall perform with due diligence the services requested by the City and agreed on by the Consultant. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. Ho,\\l"ever, in the case of any such delay in the services to be provided for the Project, each party he:r~by agrees to provide notice to the other party so that all delays can be addressed. ·.' , '':t •'°'::'.:"!,t,.. , ., , :.~.t,· ... ··.;·,~\· ,'

4.1. The period of performance for each specific·project shall be'ig accordance with the Task Order for that project. If work on a Task Order is in progress on the' expiratio11date of this Agreement, the terms of the Agreement shall be extende,d bf contract amendment. •

5. Compensation, Allowable Costs, ruid ~ayments/City ~hall.pay (;C)µsultant for services on a time and expense not-to-exceed b.11Sis in accordance ,with the provisions of this Section based upon the standard hourly rates specified,inConsultant'.s Cost Proposafdated [INSERT DATE], (Exhibit A). The specified hourly ratek.shall includ~\ direct salary costs, employee benefits, overhead, and fee. Except for annual CPI a~justment the P!<?posed rates are not adjustable for the performance period set forth inthis Agreement. >:, '·'•'•· 5 .1. In addition, Consultant ~ll ~e. reimbursel:fbr incurred ( actual) direct costs other than salary costs that are.in the cost proposa1·:andid~ntified •• in the cost proposal and in the executed Task Order. • .. '.'•, • • • •• • ' •·

5.2. _Specific ~ioject; \½Ube assigiled to Consultant through issuance of Task Orders. ·.' -~ ... :·.· . • '' _.,,,·. . ·-, ''":: ''.·•; " : .,._ ,
•. ~ .3. After a projecf t<J be performed under this Agreement is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services:· expected results, project deliverables, period of performance, project schedule and will designate a City Projectyoordinator. The draft Task Order will be delivered to Consultant for review. Consultant shallreturn the draft Task Order within ten (10) calendar days along with a Cost Estimate, inclu4.ing\r written estimate of the number of hours and hourly rates per staff person, any anticipated feimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant.

5.4. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal.
145
5 .5. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.

5.6. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

5.7. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
5 .8. Consultant shall not commence performance of work or services until this Agreement has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for'.ap.y w:c~r~ performed prior to approval of this Agreement. ··;\:, :.:-.)·~; ! .•,;.··
,?.: .. J
.. ' :: ' , -;. .. :;,«(: ·'·•, •

5.9. A Task Order is of no force or effect untirreturned to the City and,signed by an authorized representative of the City. No expenditiir~s are authorized on a project 'and work shall not commence until a Task Order for that project has been executed by the City. ·. • _- •• ~-~~-~{ '. ~-- -; ~>-?~ < ~-~t\}\:. .../.{~·;-~.

5.10. Consultant will be reimbu.rsed, as'.j:,romptly/ as fiscal procedures will permit upon receipt by the City's Contract Adminisif~!<:>,r.,of itemi~d.:in~oices. Sepaiat~ invoices itemizing all costs are required for all work performed;linder each·-Task Order. Invoices shall be submitted no later than 45 calendar days after the perf onp.ance _ of work for which Consultant is billing, or upon completion of the Task Order.Invoices shall deta.Hthe work performed on each milestone, on each project as applicable. Invofoes:s~allfollow tht: format stipulated for the approved Cost Proposal and shall reference the project titl~ and Task Orger number. Invoices shall be mailed to the City's Contract Administrator at the following 'address:\:
:?:\\,~,. ;··::'2,,i ,,---IKt.

City of Los Barios; ,-y ' ;··
Charles Bergson P.E'./Publi£ Works Director
__ 4Jl,:Madison A'vtnue, '.);,'-·
-- Los Banos, CA 936~.~
5: i 1/ f.~e p~riqq }?.f per:(<?rmance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. /,:.,_
~~i~li

5.12. The total''atriount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. 5 .13. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

5.14. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
146

5.15. The total amount payable by the City for all Task Orders resulting from this Agreement shall not exceed $500,000.00. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders.

6. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to; or incident to any acts, errors or omissions, negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connectiori~'with the iperformance of the Consultant's Services, this Agreement, including without limitatiort"tlie_ p·Jyinent of all damages, expert witness fees and attorney's fees and other re~ated costs arid 7;~xpenses. Consultant's obligation to indemnify shall not be restricted to irisurance proceeds/ · if any ,f r.:.eceived by Consultant, the City, its officials, officers, em~loyees, agents, or volunteers.· ·c:i,:. •· ·;,.

6.1. If Consultant's obligation to d~ferid, indemiiify, and/or;·hold,h;annless arises out of Consultant's performance of "design pr9fessional}servt9~s (as that~-ie~) s defined under Civil Code section 2782.8), then, and only to·tlie extent required by Civil Code··section 2782.8, which is fully incorporated herein, Consultant's'mdemnificaticin'. obligation shall be limited to claims that arise out of, pertain to, or relate to the.negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining 1:r :final adjudication by a court of competent jurisdiction, Consultant's liabili,tyfor,such claim, incl~ding the cost to defend, shall not exceed the Consultant's proportionate percentage offaultY~-;. -•

7. Insuran2~;{,':Yi.thout -liJii4Ig ,-:~~f;~~ia,nt's indemnification of City, and prior to commencement of work/ C911§µ}tant shall CJbtain,'provide and maintain at its own expense during the term ofthis Agre'e~ent/a .poli~y orf,olicies of liability insurance of the type and amounts described below and in'a form satisfactory to City.
~_:.:' ''"';_'? ··,':,_:, •• '- ': \;· .. : · ., )-
A; Certificates of Insurance. Consultant shall provide certificates of insurance with original ·endorsements. to City: as evidence of the insurance coverage required herein. Insurance certificates mi'.ist be appioye<l'•by the City Attorney prior to commencement of performance or issuance of any permit. : Current certification of insurance shall be kept on file with City at all times during the tefll1:_ of~~ Agreement. ii'::,:',· :;\'7".'.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
147
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
ii. General Liability Coverage. Consultant shall maintai11 commercial general liability insurance with coverage at least as broad as Insurance ServicesiOffice form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occririenc~f four million dollars ($4,000,000) general aggregate, for bodily injury, person¥}njury, and piop~rty damag~, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance.Services Office form CG 20 10 to provide that City and its officers, officials,,: eniployees, and agen~s shall b~ additional insureds under such policies. For construction contrac~?,~ endors~ment pro,y~di°:g:fompleted operations to the additional insured, ISO form CG 20 37, is also required. • (A\, ;t; • :'\/<.j\'\. '}>·:\i~t~- .. •.: :; '':·'?}t? \'~)f~·-
iii. Automobile Liability Cove~~~{>. consui~i·;hall provide auto liability coverage for owned, non-owned, and hired autos usingJS<fBusiness;Auto Coverage form CA 00 01, or the exact equivalent, with a lilJ.lit, of no less than ~o :giillion dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may bemet through a non-owned auto endorsement to the CGL policy. ..·, , ., .. , _ • •
·\:.1~.' ' -·: -;; ~:~<- •• ~ -\~: .. \·\~.~-J-~ .:;S.:t-. iv. Professional'Errors and Omissions 1Itisurance. Consultant shall maintain professional liability insurance thaf insures against'professional errors and omissions that may be made in performing the Services to be fender~d in connection with this Agreement, in the minimum amount of one million dollars {$1,000,000fper claini and not less than two million dollars ($2,000,000) in the annual aggregate. Anyj)Olicy inception date, continuity date, or retroactive date must be before the effectivedate of this agreement, and Consultant agrees to maintain continuous coverage through'\l,peri.o,c:l_i.ho},less than three years after completion of the services required by this agreement. The cost of such irisurance shall be included in Consultant's bid.

E. Endorsements:? Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. 148
Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be s~~i~nd~ti, ,t ~ided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) cai~ndar days (10 calendar • •• '·. f;H"' '. days written notice of non-payment of premium) written ·riottce has been received bye City. ~-'.?- '!: • _-. '.;:~::,~"

7.1. Nothing in this Section shall be construed as limiting _in any way, the indemnification provision contained in this Agreement, or the·'fxtent to which Consultant may.be held responsible for payments of damages to persons or pr9perty ;:·'.\~ ,:'.~ • /},·,r,),-: ::tr<.: . ~,{::\;.:,.,,-,:{1;;:,,. • J •

7.2 Consultant shall not allow anysubcontractorg'br sub consultants to commence work on any subcontract until they have provided;evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors 'er.. sub corisult~ts shall be -·endorsed to name the City as an ,···•.. .. , ,... ,.. '-f· additional insured using ISO form CG ~0 38'0.:J 13 or ail endorsement providing the exact same coverage. If requ~~te.d by Constiltiplt, ·city';m,~y{approve different scopes or minimum limits of insurance for particular subcontractors or sul{consultants. ',\'}, .. :,,,:,,{::~;. _,,,.~~j~-, ·., ~

8. In?epende~icontra.ctor. I! is undet"stood that City retains Consultant on an independent contractor basis and Consultant_: is"not an ag~nt or employee of City. The manner and means of conducting the work are l11ider the control of Consultant, except to the extent they are limited by statute}tule or regulation ·and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to'constitute approval for Consultant or any of Consultant's employees or agents, to be the ag~nts or empl~y~es o(City. Consultant shall have the responsibility for and control over the means of performing ~e work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the.performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

8.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, 149
including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section.

9. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and/or in accordance with this Agreement and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

10. Subcontracting. Nothing contained in this contracf,.qr otherwise, shall create any contractual relation between the City and any sub consultant(s), and,no sul:>contract shall relieve Consultant of its responsibilities and obligations hereunder. Consu~umt\'a'grees to be as fully responsible to the City for the acts and omissions of its, ~ub consultari.t(s),and of pep~ons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation:to pay its:sub consultant(s}is aif independent obligation from the City's obligation to mak~ payments )o the Co~~ultant. • ,·. •

10.1. Consultant shall perform.the wor(c·contemplated with r~sour2~s available within its •· _,:,'\ ,1.:,: ,;,,,,·,• . . ,. ' '.\~~ ·-:·•"'· r·,:'.'- ,., own organization and no portion of the:: \1/ork pertinent to this contract· shall be subcontracted without written authorization by the City?fContract Administrator . • , • . , ; '•i. • ~~

10.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Corisulfu..ntby the City:: •• • ,' ._, .. ·~
10 .3. All su1:>~~mtracts ent~re.4 intri as ~iJsuJt of ~ts contract shall contain all the provisions stipulated in this Agree.n:t}'.,~t to be applicable·toiub consultants. -~ • ··r\\·:· ;~:- : .. lOA; Any sub~J~itutionofsUQ conJ~ltant(s) must be approved in writing by City's Contract Admini.strator prior to the _startofworkby the sub consultant(s). 1 L Ownership of Documents. All documents, information and materials of any and every type furnished or:·prepared by)he Consultant or any of its subcontractors pursuant to and in the course of performance·'of,~s\ <\.greement shall be and remain the sole and exclusive property of the City. Such documents; information and materials shall include but not be limited to all findings, reports, plans, spec_iJic~tions, studies, drawings, estimates, documents, information and data including, but not linuted·to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party.

Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

11.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all 150
copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.

11.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

12. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the :Public Records Act, or otherwise required by law. All documents, including drafts, notes and commllllJcatio~• that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is p"4blic record ancLsubject disclosure pursuant to the Public Records Act, or otherwise required byJaw.

13. Access to Records. Consultant sh~hnai11tain all books;records, documents, accounting ledgers, and similar materials relating to workperformed f~r City wider thi.s {\greement on file for at least three (3) years following the,date of firn.ll payrpent to Consultant by City. Any duly authorized representative( s) of City shiul have access to such records for'the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours.

Consultant shall provide proper facilities\to City-'s repre~entative(s) for access and inspection.

Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 5 hereinaboy~.
'; ~

14. Conflicf\of Interest. Con~ultani' shall disclose any financial, business, or other relationship with the ~<=ity t~atp1ay have~ impact upon the outcome of this Agreement, or any ensuing City construction proJ~?t ... Con§tiltant shall also list current clients who may have a financial. interest in the. outcoIIle ofthis Agreement, or any ensuing City construction project, which will follow. •• • •••

14. L Consultant hereby, certifies that it does not now have, nor shall it acquire any financial < ,, ; ::,;· : '', '" •;:• /;" ,:.?> or business interest that wg_uld conflict with the performance of services under this Agreement.

14.2. Consultant.hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on· any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.

14.3. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this Agreement shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. 151

14.4. Consultant hereby certifies that neither Consultant, its employees, nor any firm affiliated with Consultant providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint ownership, or otherwise.

14.5. Consultant further certifies that neither Consultant, nor any firm affiliated with Consultant, will bid on any construction subcontracts included within the construction contract.

Additionally, Consultant certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement.

14.6. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this Agreement she.JI. have provided services on the design of any project included within this Agreement. ""l} '..,, ' '/.~-"; ::f·'5Si;t;J:;,,

15. Compliance with Laws. Rules. and Regulations. Consultant's·•signature affi?Ced herein, and dated, shall constitute a certification under penalty ofperjury under theJaws ofJhe State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section,!f,990 and Title 2,.Cwifornia Administrative Code, Section 8103. • • •
'~ ,. ·· .. _ .- --,·::~~f -, .. . '. ·,:;~ ,:_-,_/6/1_::) •

15.1. During the performance1?fthis Agreeme11;1,"Consultant arid'its subconsultants shall not unlawfully discriminate, harass, or·:~llow·harass.ment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mentaldisability, medic.al condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. CQnsultant and subconsultants shall insure that the evaluation and treatment oftl).eir ern~loyees.and applicants for employment are free from such discrimination andharassment. Con~~tallt an.~ su~consuitants shall comply with the provisions of the Fair Employmenfat1d Housing:Act (Gov/C()de §12990 (a-f) et seq.) and the Sapplicable regulations promuigat~d;tli~rf:under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of.the Fair ~mployment and Housing Commission implementing GovemmenfCode Section 129QO,(a-f), set'forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulati()IlS, are incorporated into this Agreement by reference and made a part hereof as if set forth in full'.- Consultant and its subconsultants shall give written notice of their obligations undef.this· dause to labor organizations with which they have a collective bargaining or other Agreement. • · ··{ '

15.2. The Cons:ul~t shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted<j,rograms of the Department of Transportation Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
152

15.3. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.

15.4. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safe.tj;' in employment; and all other Federal, State and local laws and ordinances applicable to theiservices;required under this Agreement. Consultant shall indemnify and hold harmless City frorp-1and against all claims, demands, payments, suits, actions, proceedings, and jud@lents of every' nature and tiescription including attorneys' fees and costs, presented, brought, or re~overed against City for,,qi'on account of any liability under any of the above-mentioned Jaws, which may be incurred ,by reason of Consultant's performance under this Agreement. :., • 0c"''"· • 15 .5. Consultant is aware of the/.requir~itie11ts of 9~ifornia Lal,,or Cbde section 1 720, et seq., and 1770, et seq., as well as Calif?mia Code'of;1:l¢$Ulations, Titl~1g~ section 16000, et seq., ("Prevailing Wage Laws"), which r~qhire< the payment of prevailing wage rates and the performance of other requirements on "public works" and:'.'n:iaintenance" projects. If the Services are subject to the Prevailing\\'age Laws, Consultantagreeito fully comply with such Prevailing WageLaws. .,. • • '

16. Debarment and Suspension Certific~tion. Consultant's signature affixed herein, shall constitute a certification under peiialt)1,.of pe'rjury.,under the laws of the State of California, that Consultant has coniplied',\\jtp Title;i},.:CFR, Part 180, "OMS Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person> associated;, ther~\Vitll 1Jn tlle .' capacity of owner, partner, director, officer, or Adminiitrator, is not curientlyunder suspension, debarment, voluntary exclusion, or determination of ineligibility by apy federal agency; has not been suspended, debarred, voluntarily excluded, or determined)ineligible.by anyfederal agency within the past three (3) years; does not have a proposed debarment pen.ging;;iand has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within th~past'three (3) years. Any exceptions to this certification must be disclosed to the City. Exceptions \Nill not necessarily result in denial of recommendations for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

17. Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. 153
Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.

18. Integration: Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severability. If any part of this Agreement is found tc{I:>e,.in 9()~ict with applicable laws, such part shall be inoperative, null, and void insofa,i- as it is in confli~twith said laws, but the remainder of the Agreement shall continue to be in fullf~!~e and effect?':?'.· . ,t:

20. WaiverNalidity. Consultant agrees . .that.waiv~; by City of any ·dn;e or·inore of the conditions of performance under this Agreenterit shall. not be • COilstrued as waiver of any other condition of performance under this Agreement. The acceptance by.the Cityof the performance of any work or services by Contractor s~~p not bedeemeq}o be a waiv~!-~f any term or condition of this Agreement. · ,·.:;,:; • ~- /Y • • • . {:
•, .. ,

21. Jurisdiction. City and Consultant agree that the}aw governing this Agreement shall be that of the State of California;. Any suit brotighthy • either party. against the other arising out of the performance of this Agreement shall .be filed and main,tained in the County of Merced.

22. Notice.;:.A.ny notices reci11ir6d to.be given pursuant to this Agreement shall be deemed to have been given bf the:ir deposit, postage.pr~paicl, in the United States Postal Service, addressed to the parties as follo'Ys: • • • •
To City:
•• Charles Bergson, P.1:t.
• Public Works Director/City Engineer
41 lMadison Avenue<
Los Banos: ca'.Iifornia 9}635
~~-~~-
To Consultant: · • ' -"~·
[INSERT NAME AND ADDRESS
OF CONSULTANT]
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event 154
of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement. Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

25. Corrections. In addition to the above indemnificatiofr9l,ligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make su~h cotrection in a reasonably timely manner, such correction shall be made by the City, and the cost 'ihJ~eof shall be charged to the Consultant. In addition to all other available remedies?:the City may deduct the·cost of such correction from any retention amount held by the City; or may withhold payment otherwise owed Consultant under this Agreement up to the anwlllit ofthe,cosfofcorrection. " ' : • • t. • , ' :~ . .

26. Acceptance Of Facsimile Or Electrot1ic Signatui~s. The P~ies ~ree that this Contract, agreements ancillary to this Contract, aµd·r~lated do~~~µts to be entere<finto in connection with this Contract will be considered signed iwhen.the signature of a party is delivered by facsimile transmission or scanned and delivered via electrqnic mail.Su.ch facsimile or electronic mail copies will be treated in all respects _as having the same•'.effect as an original signature.

27. Authority. The P~ies represent and warr~t that all necessary action has been taken by the Parties to authorize the unders.igrifd to execute this Agreement and to engage in the actions described herein. ;\:;:~,~::('.\•:. ·, ·> ·~·; ft(- ...... ·-,.rj·:,;,.;,",.,. ,::" , ,.f~l~ .. :)_ ?ft,\\
IN WI1NESS WHEREOF(the parti~s hereto have executed this Agreement on the dates ··';_,_.• ,; ,- ,.,; ,•,•.,_• set forth below.
'·
Date: _____ _, 2024
;\ \::}'.=\f
Date: _____ __, 2024
[INSERT NAME OF CONSULTANT]
by:

CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
155
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
156

SAMPLE TASK ORDER
NO. LB-2024-XXX
CONSULTANT: ----------------------------
PROJECT:

THIS TASK ORDER dated ------~ 2024, is an addendum to the Professional Services Agreement ("AGREEMENT") for On-Call Engineering Services for Capital Improvement Projects dated July 1, 2024, between the City of Los Banos ("CITY") and ("CONSULT ANT"). ---------
WHEREAS, upon execution, this Task Order shall be considered a part of the AGREEMENT; and WHEREAS, this Task Order establishes the Scope of Work and compensation amounts for specific engineering and surveying services and authorizes CONSULT ANT to proceed with the project.

NOW, THEREFORE, the parties mutually agree as follows:

Review the following Landscape Plans for compliance with Los Banos Standards and Conditions of Approval, on a Time and Materials basis: [Project Name] CITY agrees to compensate CONSULT ANT for the required services in accordance with the terms of payment stipulated in the AGREEMENT and this Task Order.

All services associated with this Task Order shall conform to the requirements of the AGREEMENT and this Task Order.

Except as herein modified, all terms and conditions in the AGREEMENT remain unchanged and are in full force and effect. The Task Order shall be completed to the satisfaction of CITY on or before -------
City of Los Banos, CITY
By: --------------
Charles Bergson, P .E.

Title: PW Director/City Engineer
Date: --------------
_ ______ ., CONSULTANT
By:---------- - ----
Title: --------------
Date: _____________ _
157

THIS PAGE IS INTENTIONALLY LEFT BLANK
158
LOsBanos
I I h O I Jad < f lif 01 II

REQUEST FOR QUALIFICATIONS
for

ON-CALL ENGINEERING SERVICES
Date Released: March 15, 2024
Questions with regard to submission, process, or proposal can be emailed to:

Charles Bergson, P.E.

Public Works Director/City Engineer
Charles:[email protected]
Proposals must be received prior to 2:00 p.m. April 30, 2024 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
159

TABLE OF CONTENTS
Request for Qualifications
On-Call Engineering Services
Request for Qualifications .................................... .......................... .......... ... ... 3 Project Description and Background ........ .. ....... ... ............. ................ .. ........... 5 Scope of Services ........ .... ............. .... ... .. .. ....... ..... ................ ... ...................... 5 Purpose of Work
Task Orders
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Consultant
Appendix A: Submittal Requirements .. ............. ...... ... .. ......... .................. ...... . 8 Appendix B: Proposal Evaluation ........... .. ............... ..................................... 10 Appendix C: Sample Contract Agreement .. ................................................. 14 160

REQUEST FOR QUALIFICATIONS
On-Call Engineering Services
The City of Los Banos (City) is seeking qualified consulting firms to provide civil engineering services on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications (SOQ).

The City intends to award up to five (5) civil engineering firms; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ's received. Total amount payable to the Consultant shall not exceed $500,000 per year. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2029.

All qualified firms interested in providing these services are invited to submit their SOQs. The SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this Request for Qualifications (RFQ).

It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.

The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant's SOQs. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 p.m., Pacific Daylight Savings Time (PDT), on April 30, 2024. SOQs shall be submitted in a sealed package clearly marked "ONCALL ENGINEERING SERVICES" and addressed as follows:

City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.

Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 2:00 p.m., PDT, on April 30, 2024.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The City reserves the right to hold interviews or make a Consultant selection based solely on the SOQs received.

This RFQ does not commit the City of Los Banos to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure, or contract for services. The City of Los Banos reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the City of Los Banos to do so.

The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Los Banos.

City of Los Banos Request fo r Qualifications
On-Call Engineering Services Page3of35
161
All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.

The anticipated consultant selection schedule is as follows:

SOQ review and evaluation: May 1, 2024 through May 15, 2024 Oral interviews (if necessary): May 16, 2024 through May 22, 2024 Cost Negotiation: May 23, 2024 through May 31, 2024
Contract Award: June 19, 2024
Any questions related to this RFQ shall be submitted in writing to the attention of Charles Bergson via email at [email protected]. Questions shall be submitted before 5:00 p.m. on April 15, 2024. Answers to questions and addendum, if necessary, shall be posted on the City website before 5:00 PM PDT on April 17, 2024.

No oral questions or inquiries about the RFQ shall be accepted.

City of Los Banos Request for Qualifications
On-Call Engineering Services Page4of14
162

PROJECT DESCRIPTION AND BACKGROUND
The City of Los Banos (City) will select qualified consulting firms to provide on-call engineering services. The consultant shall have the ability to provide in-house services, or the capacity to sublet, traffic engineering, QSP/QSD services, land surveying, geotechnical engineering, landscape design, and structural design. The consultant must be knowledgeable and experienced in the preparation of construction plans and specifications and have a history of producing plans that are successfully implemented.

Consultants who plan to sublet any of the required services of a project contained in this RFQ shall include the name of the company(ies) and description of project services that may be potentially sublet.

This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The City intends to award contracts to approximately five (5) civil engineering firms; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ's received. The City does not guarantee a specific number or dollar amount of projects will be contracted.

SCOPE OF SERVICES

PURPOSE OF WORK
The consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The consultant may provide services to the City including, but not limited to, the following:
• Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
• Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. • Provide field surveys as requested.
• Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Los Banos Municipal Code. • Review Subdivision Improvement Plans for compliance with the City of Los Banos Improvement Standards.
• Review developers' site and utility plans.
• Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
• Provide maps and mapping services as requested.
• Preparation and review of legal descriptions for easements, Rights-of-Way, Lot Line Adjustments, etc.
• Update and maintain City Improvement Standards and Specifications. • Review the City's requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same. • Assist the City's Engineering Division with presentations and/or recommendations to City staff administration, or City Council.
• Third party review consultation related to documents prepared by the City's Engineering Division or other consultants retained by the City.
• Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act.

City of Los Banos Request for Qualifications
On-Call Engineering Services Pages o/14
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• Provide other engineering and design services as requested.

TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Consultant to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and the completion date.

Pursuant to an authorized Task Order, the consultant shall provide engineering services and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the consultant's services and work product. The consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.

The potential construction/design projects may vary in scope and size, and may encompass any type of capital improvements including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, construction of new facilities including storm drain pump or sewer lift stations. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.

The consultant shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.

The consultant shall maintain a set of project files that shall be provided to the City upon request.

The consultant shall have the ability to respond in a timely and cost-efficient manner to City requests.

GENERAL PERSONNEL REQUIREMENTS
The consultant's personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the consultant's Cost Proposal and task complexity. The consultant's personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.

The consultant is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.

The consultant Contract Administrator shall be a Registered Professional Engineer licensed in the State of California in good standing with the California State Board for Professional Engineer, Land Surveyors, and Geologists at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders and shall have a documented minimum ten (10) years of demonstrated experience acceptable to City in management and delivery of capital improvement projects for local agencies.

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In addition to other specified responsibilities, the consultant Project Administrator shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultant's and sub-consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing , monitoring, training, and directing the consultant's and subconsultants' personnel. c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for Subconsultant personnel
e. Maintaining and submitting organized project files for record tracking and auditing. f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.
g. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones. h. Assuring that all applicable safety measures are in place. i. Providing invoices in a timely manner and providing monthly Contract expenditures. j. Reviewing invoices for accuracy and completion before billing to City. k. Managing Subconsultants.

I. Managing overall budget for Contract and provide report to the City Contract Administrator. m. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.
n. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.

DELIVERABLES
As agreed upon by the City and Consultant in a Task Order for each project.

SCHEDULE
As agreed upon by the City and Consultant in a Task Order for each project.

METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and consultant in a Task Order for each project. Consultant shall submit request for monthly progress payments.

MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.

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APPENDIX A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the SOQ's by all consultants. The intent of these guidelines is to assist consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.

SOQ's shall contain the following information in the order listed:

1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:

Charles Bergson, P.E., Public Works Director/City Engineer 411 Madison Ave
Los Banos, CA 93635
The letter shall be on consultant letterhead and include the consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.

The letter shall be signed by the individual authorized to bind the consultant to the proposal.

2. Consultant Information, Qualifications & Experience
The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:

1. Contracting agency

2. Contracting agency Project Administrator/Contact Person including name, address and phone

3. Contracting agency contact information

4. Contract amount

5. Date of contract

6. Date of completion

7. Consultant Project Administrator and contact information

3. Organization and Approach

1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.

2. Describe your project and management approach.

3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Administrator, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.

4. Demonstrate that the consultant's project Administrator and project staff have sufficient availability and/or that consultant has sufficient resources to timely deliver City's projects.

4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:

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• Project Description
• Year of Completion
• Construction Cost ( or consultant cost, if not an infrastructure project) • City Contact

5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.

In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.

If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the consultant to notify the City Contract Administrator may be grounds for termination of the contract.

6. Litigation
Indicate if the proposing consultant was involved with any litigation in connection with prior projects.

If yes, briefly describe the nature of the litigation and the result.

7. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.

The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.

8. Cost Proposal
In order to assure that the City is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the SOQ shall include the consultant's Specific Rates of Compensation for this contract. The Specific Rates of Compensation shall be submitted in a separate sealed envelope from the SOQ. The consultant's Specific Rates of Compensation are confidential and shall remain sealed. Upon completion of the consultant selection process, only the cost proposal from the selected consultant shall be opened. All other (unopened) cost proposals shall be returned in accordance with Appendix B.

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APPENDIX 8 - PROPOSAL EVALUATION

EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein.

The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFQ.

The selection process may include oral interviews. The consultants will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.

Interviews may be held with the top ranked candidates. In the event that the City receives no more than three SOQs, the City may opt to not conduct an oral interview.

Upon completion of the evaluation and selection process, only the cost proposals from the top three qualified consultants will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points.

Rating Scale
Not Non-responsive, fails to meet RFQ specifications. The approach has no probability of 0 Acceptable success. For mandatory requirement this score will result in disqualification of submittal.

Below average, falls short of expectations, is substandard to that which is the average 1 Poor or expected norm, has a low probability of success in achieving project objectives per RFQ.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.

Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This 3 Average will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Very good probability of success, better than that which is average or expected as the Average/Good norm. Achieves all objectives per RFQ requirements and expectations.

ExcellenU Exceeds expectations, very innovative, clearly superior to that which is average or 5 Exceptional expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.

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The Evaluation Criteria Summary and their respective weights are as follows:

No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 15
4 Past Experience on Municipal Projects 20
5 Staff Availability 15
6 Conflict of Interest Statement Pass/Fail
7 Proposal Format 5
8 References 15
Subtotal: 100
No. Interview Evaluation Criteria Weight
(if interviews are necessary)
9 Presentation by Team 10
10 Q&A Response to Panel 15 Questions
Subtotal: 25
Total: 125

1. Completeness of Response (Pass/Fail)
a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct civil engineering services on capital improvement projects.

3. Organization & Approach (15 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects.

This person's time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts.

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iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decisionmaking process. iii. Proposal responds to need to assist City during the project.

4. Past Experience on Municipal Projects (20 points)
a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures.

5. Staff Availability (15 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.

6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.

7. Proposal Format (5 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.

8. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.

9. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.

10. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.

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Weighted scores for each Proposal will be assigned utilizing the table below:

No. Evaluation Criteria
1 Completeness of Response
2 Qualifications & Experience
3 Organization & Approach
4 Past Experience on Municipal Projects
5 Staff Availability
6 Conflict of Interest Statement
7 Proposal Format
8 References
9 Presentation by Team
10 Q&A Response to Panel Questions
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Rating Weight (0-5)
N/A Pass/Fail
30 15
20 15
Pass/Fail
5 15
10 15
Total: 125
Score
(Rating*
Weight)
Pass/Fail